MATTER OF GEORGE


254 A.D.2d 657 (1998)

679 N.Y.S.2d 191

In the Matter of the Claim of Daniel M. George, Respondent. Upstate Merchandising, Inc., Appellant; Commissioner of Labor, Respondent

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

October 29, 1998


Claimant was employed as a salesperson for Upstate Merchandising, Inc., a manufacturer's and supplier's representative. Substantial evidence supports the Unemployment Insurance Appeal Board's conclusion that Upstate exercised sufficient direction and control over the work of claimant and those similarly situated to establish their status as employees rather than independent contractors. The record discloses that Upstate paid claimant a $500 weekly draw against commissions...

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