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MATTER OF ENJOY THE SHOW MANAGEMENT, INC.

287 A.D.2d 822 (2001)

731 N.Y.S.2d 287

In the Matter of ENJOY THE SHOW MANAGEMENT, INC., Doing Business as TEASERS, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided October 18, 2001.

Cardona, P. J.

Enjoy the Show Management, Inc. (hereinafter ETSM) operates a nightclub which provides dancers to entertain its patrons. ETSM challenges a decision of the Unemployment Insurance Appeal Board assessing it additional unemployment insurance contributions on the basis that an employer-employee relationship existed between ETSM and the dancers.

The record establishes that ETSM obtains dancers through advertisements or word of mouth. A dancer then...

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