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MATTER OF YANCEY

205 A.D.2d 821 (1994)

615 N.Y.S.2d 302

In the Matter of the Claim of Carlton W. Yancey, Respondent. Blue Star Mortgage Group, Inc., Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

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

June 2, 1994

We find that the record contains substantial evidence to support the Board's determination that claimant, a mortgage salesperson, and others similarly situated are employees of Blue Star Mortgage Group, Inc., a licensed mortgage broker. Whether an employer-employee relationship exists is a question of fact for the Board to determine. Here, the record establishes that the Blue Star exercised sufficient direction or control over claimant...

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