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MATTER OF TYNER

257 A.D.2d 922 (1999)

685 N.Y.S.2d 813

In the Matter of the Claim of DOMINICK L. TYNER, Respondent. MARKET DISTRIBUTION SPECIALISTS, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided January 28, 1999.

There is substantial evidence in the record to support the Unemployment Insurance Appeal Board's conclusion that Market Distribution Specialists, Inc., a telephone directory distributor, exercised sufficient control over the services performed by claimant and others similarly situated as delivery persons to establish their status as employees (see, Matter of Campano [Distribution Sys.—Hudacs], 201 A.D.2d 781). Among other...

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