Opinion
February 7, 1991
Appeal from the Unemployment Insurance Appeal Board.
The record supports the conclusion that Eugene N. Aleinikoff exercised sufficient direction and control over his typists to establish their status as employees (see, Matter of Frattallone [Victor Addressing Corp. — Levine], 39 A.D.2d 984). He provided them with their assignments, which they were required to pick up at a mutually suitable time, and he directed them as to the priority of their work. They had access to his office when he was not there and could use his supplies and equipment. He also reviewed their work and had them make corrections (see, supra; see also, Matter of Eastern Dist. Ct. Reporters [Levine], 48 A.D.2d 744). While there may have been factors which point to a contrary conclusion, the evidence presented shows a sufficient amount of control to support the determination of the existence of an employer/employee relationship (see, Matter of Publications Data [Ross], 78 A.D.2d 747).
Decision affirmed, without costs. Mahoney, P.J., Weiss, Yesawich, Jr., Crew III and Harvey, JJ., concur.