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MATTER OF WOLF

178 A.D.2d 700 (1991)

In the Matter of the Claim of Eric F. Wolf, Respondent. Upstate Music & Promotion, 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 5, 1991

There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that the disc jockeys hired by Upstate Music & Promotion, Inc. were its employees and not independent contractors. Upstate provides its clients, generally bars and restaurants, with the disc jockeys. The customers pay Upstate directly and it then pays the disc jockeys. Either Upstate or the customer provides the equipment...

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