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MATTER OF ROMAN

252 A.D.2d 707 (1998)

675 N.Y.S.2d 427

In the Matter of the Claim of Ellen B. Roman, Respondent. Paul Berglund, Doing Business as B.P. Associates, Appellant; Commissioner of Labor, Respondent

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

July 9, 1998

Claimant was an outside salesperson for B.P. Associates, a manufacturer's representative. The Unemployment Insurance Appeal Board ruled that claimant was an employee of B.P. Associates rather than an independent contractor and assessed B.P. Associates for additional unemployment insurance contributions. We affirm. Claimant worked full time for B.P. Associates during the base period and was paid a $500 weekly draw against her commissions. Pursuant to her employment contract...

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