IN THE MATTER OF CLAIM OF KELLY


28 A.D.3d 1044 (2006)

814 N.Y.S.2d 340

In the Matter of the Claim of ROBERT E. KELLY, Respondent. FRANK GALLO, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

April 27, 2006.


Peters, J.

Frank Gallo, Inc. (hereinafter Gallo) is a retail florist, which had regular employees working at an hourly rate, who accomplished deliveries using Gallo's vehicles. Claimant, having responded to Gallo's newspaper advertisement for "drivers," delivered Gallo's products at times when it required additional drivers. Claimant used his own vehicle for these deliveries, paid all associated expenses and was responsible for all missing products. Claimant would...

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