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MTR OF VEGA (POSTMATES INC.)

No. 13.

35 N.Y.3d 131 (2020)

149 N.E.3d 401

125 N.Y.S.3d 640

2020 NY Slip Op 02094

In the Matter of LUIS A. VEGA, Respondent. POSTMATES INC., Respondent; COMMISSIONER OF LABOR, Appellant.

Court of Appeals of New York.

Decided March 26, 2020.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Joseph M. Spadola , Barbara Underwood and Andrea Oser of counsel), for appellant.

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( David M. Cooper and Rollo C. Baker of counsel), for Postmates Inc., respondent.

Colleran, O'Hara & Mills LLP, Woodbury ( Michael D. Bosso of counsel), for New York State AFL-CIO, amicus curiae.

Legal Services NYC, Brooklyn ( Nicole Salk of counsel), Janet E. Sabel , The Legal Aid Society, New York City ( Richard Blum and Sumani Lanka of counsel), National Employment Law Project, New York City ( Najah A. Farley of counsel), and New York Taxi Workers Alliance, Long Island City ( Zubin Soleimany of counsel), for Legal Services NYC and others, amici curiae.

OPINION OF THE COURT

The issue before us is whether the decision of the Unemployment Insurance Appeals Board (the Board) that claimant, a former Postmates Inc. courier, and others similarly-situated are employees for whom Postmates is required to make contributions to the unemployment insurance fund was supported by...

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