MATTER OF KLOSS


220 A.D.2d 964 (1995)

633 N.Y.S.2d 82

In the Matter of the Claim of Dorothy E. Kloss, Respondent. Greater Saratoga Corporation, Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

October 26, 1995


Claimant, a massage therapist, worked at a health spa operated by Greater Saratoga Corporation (hereinafter GSC). She was found by the Board to be an employee of GSC and, therefore, entitled to receive unemployment insurance benefits. GSC argues that claimant was an independent contractor and that the Board's finding to the contrary is not supported by substantial evidence. We disagree. The evidence established that GSC, among other things, provided the rooms, equipment and...

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