MATTER OF PAVAN


173 A.D.2d 1036 (1991)

In the Matter of the Claim of Ion Pavan, Respondent. UTOG 2-Way Radio Association, Inc., Appellant; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

May 16, 1991


Mercure, J.

At issue in this proceeding before the Unemployment Insurance Appeal Board is whether claimant was an employee of UTOG 2-Way Radio Association, Inc. (hereinafter UTOG) or, rather, an independent contractor. Because it is our view that the Board's own findings of fact do not support its conclusion that UTOG "exercised sufficient direction and control over the services performed by the claimant to establish his identity as an employee", we reverse...

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