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  5. 151 A.D.2d 932 (1989)
 

MATTER OF CDK DELIVERY SERV., INC.

151 A.D.2d 932 (1989)

In the Matter of CDK Delivery Service, Inc., Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1989

Levine, J.

CDK Delivery Service, Inc. (hereinafter CDK) operates a messenger and package delivery service business in New York City. Based on the evidence adduced at the administrative hearing, CDK's operations are as follows: CDK employs one full-time driver who delivers packages and is paid a weekly salary by CDK. The overflow work which the employee-driver cannot handle is performed by other persons who CDK claims are independent contractors. Each...

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