MATTER OF CRAHAN

517007.

116 A.D.3d 1277 (2014)

983 N.Y.S.2d 703

2014 NY Slip Op 2649

In the Matter of the Claim of THOMAS L. CRAHAN, Respondent. PROGRESS RAIL SERVICES CORPORATION, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 17, 2014.


It is well settled that the existence of an employment relationship is a factual issue for the Unemployment Insurance Appeal Board to resolve and its determination will not be disturbed if supported by substantial evidence (see Matter of Concourse Ophthalmology Assoc. [Roberts], 60 N.Y.2d 734, 736 [1983]; Matter of Lamar [Eden Tech., Inc. — Commissioner of Labor],

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