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Matter of Preble

Appellate Division of the Supreme Court of New York, Third Department
Jul 14, 1994
206 A.D.2d 650 (N.Y. App. Div. 1994)

Opinion

July 14, 1994

Appeal from the Unemployment Insurance Appeal Board.


Substantial evidence exists in the record to support the conclusion of the Board that Getting To Know You International #2, Ltd. (hereinafter GTKY) exercised sufficient direction and control over claimant, a sales representative, to establish her status as an employee. For example, before claimant commenced employment, GTKY provided her with a three-day training class at its headquarters and GTKY paid for all of claimant's travel, lodging and meals. Claimant was given business cards and stationery bearing GTKY's name, and clients that needed to reach her were to do so at GTKY's toll-free number. Claimant was also specifically instructed by GTKY's vice-president on what to say in order to make a sale and claimant was required to go out on sales calls with a GTKY representative on a monthly basis. We have considered GTKY's remaining contentions and reject them as lacking in merit.

Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Preble

Appellate Division of the Supreme Court of New York, Third Department
Jul 14, 1994
206 A.D.2d 650 (N.Y. App. Div. 1994)
Case details for

Matter of Preble

Case Details

Full title:In the Matter of the Claim of ROSEMARY PREBLE, Respondent. GETTING TO KNOW…

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

Date published: Jul 14, 1994

Citations

206 A.D.2d 650 (N.Y. App. Div. 1994)
614 N.Y.S.2d 618