MATTER OF YANK


247 A.D.2d 806 (1998)

669 N.Y.S.2d 429

In the Matter of the Claim of Dorothy A. Yank, Respondent. National Evaluation Systems, Inc., Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

February 26, 1998


National Evaluation Systems, Inc. (hereinafter NES) is a nationwide organization which administers tests to evaluate the skills and qualifications of candidates for various positions and licenses. NES challenges a decision of the Unemployment Insurance Appeal Board which found that claimant, together with those similarly situated, were its employees rather than independent contractors. Claimant submitted her resume in response to a newspaper advertisement for qualified teachers...

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