MATTER OF OMNIPOP, INC.

506539

68 A.D.3d 1575 (2009)

2009 NY Slip Op 10010

891 N.Y.S.2d 717

In the Matter of OMNIPOP, INC., Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 31, 2009.


Omnipop, Inc. is engaged in the business of booking entertainers for single-performance events by clients such as clubs and schools. The Unemployment Insurance Appeal Board found that the entertainers were Omnipop's employees and assessed it for additional unemployment insurance contributions. Omnipop now appeals, and we reverse.

The existence of an employer-employee relationship is a factual determination for the Board that will not be disturbed if supported by substantial...

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