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PHILADELPHIA NEWSPARERS, INC. v. BOARD OF REVIEW

937 A.2d 318 (2007)

397 N.J. Super. 309

PHILADELPHIA NEWSPAPERS, INC., Appellant v. BOARD OF REVIEW and Jerry M. Brooks, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 2007.

Attorney(s) appearing for the Case

Thomas J. Cafferty, Lyndhurst, argued the cause for appellant (Scarinci & Hollenbeck, attorneys; Mr. Cafferty, of counsel and on the brief; Christine M. Vanek, on the brief).

Alan C. Stephens, Deputy Attorney General, argued the cause for respondent Board of Review (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Mr. Stephens, on the brief).

Respondent Jerry Brooks, did not file a brief.

Before Judges WEISSBARD, GILROY and BAXTER.

The opinion of the court was delivered by GILROY, J.A.D.

Appellant, Philadelphia Newspapers, Inc. (PNI), appeals from the May 31, 2006, Final Decision of the Board of Review (Board) that confirmed the October 24, 2005, decision of the Appeal Tribunal, determining claimant Jerry Brooks eligible for unemployment benefits from May 29, 2005 to July 23, 2005. The issue presented on appeal is whether claimant was an independent contractor or an employee of PNI when claimant...

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