MATTER OF RHODES


247 A.D.2d 689 (1998)

668 N.Y.S.2d 759

In the Matter of the Claim of Laurie A. Rhodes, Respondent. Aspex Eyewear, 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 5, 1998


Claimant was an outside salesperson for Aspex Eyewear, Inc., an eyeglass frame distributor. The Unemployment Insurance Appeal Board ruled that Aspex was liable for additional contributions based on remuneration paid to claimant and others similarly situated upon a finding that claimant was an employee and not an independent contractor. We affirm. The record establishes that Aspex delineated claimant's sales territory, exercised final approval over all sales orders, supplied...

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