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MATTER OF DAVILA

168 A.D.2d 771 (1990)

In the Matter of the Claim of Rogelio Davila, Respondent. Colorite Film Processing, Inc., Appellant; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

December 13, 1990

The conclusion that Colorite Film Processing, Inc. exercised sufficient direction and control over its messengers to establish their status as employees is supported by substantial evidence in the record (see, Matter of Di Martino [Buffalo Courier Express Co. — Ross], 59 N.Y.2d 638). This is true even though there was evidence in the record which could have arguably supported a contrary conclusion (see, Matter...

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