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MATTER OF THOMAS

530311.

189 A.D.3d 1858 (2020)

138 N.Y.S.3d 244

2020 NY Slip Op 07642

In the Matter of the Claim of Aston R. Thomas, Respondent. US Pack Logistics, LLC, Appellant. Commissioner of Labor, Respondent.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Peter Fidopiastis , Queensbury, for appellant.

Law Offices of Catherine A. Barber, Guilderland ( Catherine A. Barber of counsel), for Aston R. Thomas, respondent.

Letitia James , Attorney General, New York City ( Gary Leibowitz of counsel), for Commissioner of Labor, respondent.

Lynch, J.P., Clark, Aarons and Reynolds Fitzgerald, JJ., concur.

US Pack Logistics, LLC is in the business of facilitating the logistics of, among other things, deliveries for its clients. Claimant applied for and was hired by US Pack to pick up and deliver blood samples for one of its clients. The Unemployment Insurance Appeal Board determined that claimant was an employee of US Pack and that US...

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