MATTER OF SWINTON


257 A.D.2d 822 (1999)

684 N.Y.S.2d 11

In the Matter of the Claim of ROSELYN SWINTON, Respondent. NEW YORK THERAPY ASSOCIATES, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided January 14, 1999.


Claimant is a licensed occupational therapist who performed services for New York Therapy Associates (hereinafter NYTA), a placement service. NYTA challenges a decision of the Unemployment Insurance Appeal Board finding that claimant and others similarly situated are its employees rather than independent contractors and assessed NYTA additional unemployment insurance contributions. We affirm. Significantly, although claimant did not testify, no NYTA representative appeared...

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