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MATTER OF HERBENER

187 A.D.2d 804 (1992)

In the Matter of the Claim of David M. Herbener, Respondent. Pacific Delight Tours, Inc., Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

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

November 5, 1992

There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that Pacific Delight Tours, Inc. (hereinafter Pacific) exercised sufficient supervision and control over claimant and other tour escorts to establish their status as employees (see, Matter of Davis [RTC Transp. — Roberts], 111 A.D.2d 1030; Matter of Dance Caravan Prods. [Catherwood],

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