MATTER OF KIDDER


255 A.D.2d 852 (1998)

680 N.Y.S.2d 325

In the Matter of the Claim of James O. Kidder, Jr., Respondent. Classic Airport Share-Ride, Ltd., Appellant; Commissioner of Labor, Respondent

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

November 25, 1998


Mikoll, J. P.

Claimant operated a limousine he had leased from Classic Airport Share-Ride, Ltd. (hereinafter the employer) and filed an application for unemployment insurance benefits after he was terminated. The Administrative Law Judge (hereinafter ALJ) concluded that, notwithstanding two similar cases involving the same employer which reached an opposite conclusion, based upon evidence elicited at the hearing, claimant was an employee rather than an...

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