MATTER OF KELLY'S SHEET METAL, INC. v. THOMPSON


52 A.D.3d 220 (2008)

859 N.Y.S.2d 82

In the Matter of KELLY'S SHEET METAL, INC., Petitioner, v. WILLIAM C. THOMPSON, as Comptroller of the City of New York, et al., Respondents.

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

Decided June 3, 2008.


Petitioner's argument that it did not exercise sufficient control over the complainants to render them its employees is not preserved; before the Administrative Law Judge, petitioner's argument was that the complainants had completely fabricated their stories and had not worked at Bellevue Hospital on the dates mentioned in their complaints (see Matter of Nash v New York State Dept. of Labor, 34 A.D.3d 905, 907-908 [2006], lv...

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