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MATTER OF CLAIM OF LUSTGARTEN

518763

123 A.D.3d 1212 (2014)

997 N.Y.S.2d 839

2014 NY Slip Op 08538

In the Matter of the Claim of SAMUEL H. LUSTGARTEN, Respondent. NEW YORK PSYCHOTHERAPY AND COUNSELING CENTER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 4, 2014.

Claimant is a psychiatrist who provided services for clients of New York Psychotherapy and Counseling Center (hereinafter NYPCC) for approximately 10 years. After his employment ended, he applied for unemployment insurance benefits. The Department of Labor initially determined that claimant was an employee of NYPCC and that NYPCC was liable for contributions based on remuneration paid to claimant and others similarly situated. NYPCC objected on the ground that claimant was...

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