DI PIETRO v. STATE INS. FUND


206 A.D.2d 211 (1994)

In the Matter of Martin Di Pietro, Doing Business as Martin's Shows, Appellant, v. State Insurance Fund, Respondent

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

November 16, 1994


Attorney(s) appearing for the Case

David Gerald Jay, Buffalo (David Colligan of counsel), for appellant.

Raymond C. Green, New York City, for respondent.

PINE, J. P., CALLAHAN, DAVIS and BOEHM, JJ., concur.


BALIO, J.

Respondent, the State Insurance Fund, issued a policy of workers' compensation insurance to petitioner, the owner and operator of a carnival business, for a one-year period commencing April 13, 1992. Petitioner paid the amount of the premium that was billed to him at that time. Based upon a field audit, respondent determined that petitioner had 20 employees, rather than the 7 employees claimed by petitioner...

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