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  5. 255 A.D.2d 844 (1998)
 

MATTER OF FRANKS

255 A.D.2d 844 (1998)

680 N.Y.S.2d 322

In the Matter of the Claim of Rebecca L. Franks, Respondent. Kit McClure, Doing Business as Kit McClure Big Band, Appellant; Commissioner of Labor, Respondent

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

November 25, 1998

Mercure, J.

Kit McClure was in the business of hiring musicians to play in the Kit McClure Big Band (hereinafter the Band), which would contract to perform at functions such as weddings, concerts and tours. Claimant played trumpet and was hired by McClure to play in the Band. After being informed that she would no longer be used in the Band, claimant filed for unemployment insurance benefits. McClure contended that claimant was an independent contractor...

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