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MATTER OF SMITH

532097, 533498.

204 A.D.3d 1182 (2022)

167 N.Y.S.3d 568

2022 NY Slip Op 02462

In the Matter of the Claim of Aaron Smith, Respondent. TN Couriers, LLC, Appellant. Commissioner of Labor, Respondent.

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

Decided April 14, 2022.

Attorney(s) appearing for the Case

Peter Fidopiastis , Glens Falls, for appellant.

Cooper, Erving & Savage, LLP, Albany ( Carolyn B. George of counsel), for Aaron Smith, respondent.

Garry, P.J., Lynch, Colangelo and Ceresia, JJ., concur.

TN Couriers, LLC (hereinafter TNC) is a logistics broker that matches delivery drivers with its clients seeking transportation of products from one location to another. TNC utilized a third-party administrator to handle payroll and other personnel matters. Claimant was retained by TNC to deliver automobile parts for one of its clients...

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