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MATTER OF MASTROIANNI BROS., INC. v. COMMISSIONER OF LABOR

519690

130 A.D.3d 1117 (2015)

13 N.Y.S.3d 615

2015 NY Slip Op 05731

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

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

Decided July 2, 2015.

Mastroianni Bros., Inc. sells baked food products to supermarkets, independent grocery stores and restaurants. The products are delivered from the bakery to the various stores by individuals referred to as drivers/distributors (hereinafter distributors), whose status as employees or independent contractors is in dispute.

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