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MATTER OF McKENNA

233 A.D.2d 704 (1996)

649 N.Y.S.2d 953

In the Matter of the Claim of Michael J. McKenna, Respondent. Can Am Rapid Courier, Inc., Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

November 21, 1996

Casey, J.

Can Am Rapid Courier, Inc. operates a delivery service. The deliveries are performed by individuals who Can Am claims are independent contractors. These individuals enter into agreements with Can Am whereby they lease their vehicles to Can Am. They are required to fill out applications and submit their drivers' licenses. They are responsible for the deliveries and normally drive their own vehicles. They can, however, hire substitute drivers...

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