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MATTER OF DINGER

No. 530814.

193 A.D.3d 1132 (2021)

146 N.Y.S.3d 328

2021 NY Slip Op 02029

In the Matter of the Claim of Evan Dinger, Respondent. The Bend Entertainment, LLC, Appellant. Commissioner of Labor, Respondent.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Oxfeld Cohen, PC, Newark, New Jersey ( Samuel Wenocur of counsel), for appellant.

David E. Woodin , Catskill, for Evan Dinger, respondent.

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

Garry, P.J., Egan Jr., Aarons, Pritzker and Colangelo, JJ., concur.

In January 2016, claimant, a production manager, applied for unemployment insurance benefits. In connection with that application, the Department of Labor issued an initial determination, on July 15, 2016, ruling that claimant was an employee of The Bend Entertainment, LLC and assessing it additional unemployment insurance contributions based on remuneration paid to claimant and others similarly situated. Bend Entertainment requested a hearing challenging the determination...

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