MATTER OF WHITFORD


257 A.D.2d 946 (1999)

684 N.Y.S.2d 324

In the Matter of the Claim of CAROLYNN R. WHITFORD, Respondent. STEPHEN P. SILBERLING, Doing Business as SILBERLING & SILBERLING, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided January 28, 1999.


Stephen P. Silberling, a practicing attorney, hired claimant to work as a legal secretary at his small law firm after she responded to his newspaper advertisement. Claimant was paid an hourly wage and worked Mondays through Fridays from 10:00 A.M. until 5:30 P.M. Although claimant was not paid for days she was absent or sick, she was paid for holidays. The Unemployment Insurance Appeal Board ruled that Silberling exercised sufficient direction and control over claimant's...

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