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MATTER OF VOSGHANIANS

295 A.D.2d 842 (2002)

743 N.Y.S.2d 904

In the Matter of the Claim of EDVARD G. VOSGHANIANS, Respondent. M.J. ALEXANDER & COMPANY INC., Appellant; COMMISSIONER OF LABOR, Respondent. (And Another Related Proceeding.)

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

Decided June 27, 2002.

Cardona, P.J.

M.J. Alexander & Company Inc. (hereinafter the corporation) operated a referral service for professional waiters and waitresses. In June 2000, the Department of Labor issued two determinations finding that the corporation was liable for unemployment insurance contributions because claimant, and all other similarly situated waiters and waitresses, were considered employees rather than independent contractors. The corporation challenged these initial...

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