MATTER OF IBARRA


238 A.D.2d 664 (1997)

655 N.Y.S.2d 675

In the Matter of the Claim of George L. Ibarra, Respondent. Jes Label & Tape, Inc., Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

April 3, 1997


Claimant was hired by Jes Label & Tape, Inc. as a graphic design artist at an hourly rate set by the company after he responded to a newspaper advertisement and submitted a resume and portfolio. On appeal, Jes Label challenges the Unemployment Insurance Appeal Board's decision that claimant and others similarly situated were employees of Jes Label. John Scattereggio, Jes Label's secretary treasurer, testified that after obtaining a project through one of his salespersons...

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