MATTER OF BENJAMIN


265 A.D.2d 772 (1999)

697 N.Y.S.2d 401

In the Matter of the Claim of JOHN F. BENJAMIN, Respondent. ROBERT CAVANAUGH, Doing Business as NORTHGATE BARBER SHOP, NORTHGATE PLAZA, Appellant; COMMISSIONER OF LABOR, Respondent. (And Another Related Claim.)

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

Decided October 28, 1999.


Claimant, a barber, responded to an advertisement and, following an interview, rented a chair from Northgate Barber Shop for percentage of his weekly fees. Following the termination of this relationship, the Unemployment Insurance Appeal Board sustained the determination of an Administrative Law Judge which found that while the parties may have initially intended an independent contractor relationship as an area renter, it evolved into an employer-employee relationship in...

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