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MATTER OF TARBELL

167 A.D.2d 640 (1990)

In the Matter of the Claim of Barbara Tarbell, Respondent. Stanley Frankel, Appellant; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

November 8, 1990

The evidence in the record supports the determination that sufficient direction and control were exercised over those individuals engaged by Stanley Frankel in the operation of his dental practice to be considered his employees (see, Matter of Polinsky [Hartnett], 163 A.D.2d 684). Although they signed independent contractor agreements, he set their hours, rate of pay and required...

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