MATTER OF VARRECCHIA


234 A.D.2d 826 (1996)

651 N.Y.S.2d 663

In the Matter of the Claim of Frederick Varrecchia, Respondent. Wade Rusco, Inc., Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

December 19, 1996


The Board ruled that claimant was an employee, not an independent contractor, of Wade Rusco, Inc., a distributor of business forms. Claimant had been hired to make deliveries for Wade Rusco during periods when there was more work than could be handled by the five full-time drivers who were its acknowledged employees or when deliveries had to be made outside the local area. Once claimant had accepted an assignment, his relationship with Wade Rusco was identical to that enjoyed...

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