Opinion
January 7, 1988
Appeal from the Unemployment Insurance Appeal Board.
Claimant was hired by Lee Publications, Inc., to deliver weekly newspapers to Lee's subscribers. In a determination made on claimant's original claim for benefits, the Commissioner of Labor held that claimant and all other persons performing similar services were employees of Lee and eligible to receive benefits. The Unemployment Insurance Appeal Board sustained this determination and Lee appealed to this court.
There should be an affirmance. The decision of the Board is supported by substantial evidence in the record (see, Matter of Di Martino [Buffalo Courier Express Co. — Ross], 89 A.D.2d 829, affd 59 N.Y.2d 638). The Board's finding of an employer-employee relationship existing in this case is consistent with its own precedent in a series of delivery cases (see, Matter of Martin [Troy Publ. Co. — Roberts], 70 N.Y.2d 679, revg 122 A.D.2d 360; Matter of Rivera [State Line Delivery Serv. — Roberts], 69 N.Y.2d 679; Matter of Di Martino [Buffalo Courier Express Co. — Ross], 59 N.Y.2d 638, supra). The instant determination is neither arbitrary nor capricious, and is in conformity with the directive of the Court of Appeals in Matter of Field Delivery Serv. (Roberts) ( 66 N.Y.2d 516).
Decision affirmed, without costs. Weiss, J.P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.