MATTER OF LA NOVA PIZZERIA, INC.


220 A.D.2d 920 (1995)

632 N.Y.S.2d 679

In the Matter of La Nova Pizzeria, Inc., Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

October 19, 1995


La Nova Pizzeria, Inc. operates a fast food restaurant in the City of Buffalo, Erie County. The Board assessed La Nova for additional unemployment insurance contributions based upon payments allegedly made to certain drivers who deliver La Nova's food to customers. La Nova challenges this assessment and argues that the Board's finding that these drivers were its employees is not supported by substantial evidence in the record. We agree.

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