MATTER OF MIRSKY


38 A.D.3d 1029 (2007)

831 N.Y.S.2d 570

In the Matter of the Claim of PAUL MIRSKY, Respondent. TWIN-TEX CORPORATION, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided March 8, 2007.


Claimant worked as a salesperson for Twin-Tex Corporation, a wholesale distributor of textiles, for approximately one year. After leaving the company, he applied for unemployment insurance benefits. The Department of Labor issued an initial determination finding that Twin-Tex was liable for additional unemployment insurance contributions based on remuneration paid to claimant and others similarly situated. Twin-Tex objected, asserting that claimant was an independent contractor...

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