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Matter of Beller

Appellate Division of the Supreme Court of New York, Third Department
Feb 7, 1991
170 A.D.2d 715 (N.Y. App. Div. 1991)

Opinion

February 7, 1991

Appeal from the Unemployment Insurance Appeal Board.


The conclusion that Steven R. Steinberg, the sole proprietor of a consulting service who contracted with a State agency to perform reviews of residences for the mentally retarded, exercised sufficient direction and control over the reviewers to establish their status as employees is supported by substantial evidence in the record (see, Matter of Gentile Nursing Servs. [Roberts], 65 N.Y.2d 622; Matter of Chauffeurs Unlimited [Catherwood], 24 A.D.2d 1044). This is true even though there was evidence in the record which could have arguably supported a contrary conclusion (see, Matter of CDK Delivery Serv. [Hartnett], 151 A.D.2d 932). For example, Steinberg selected the reviewers through advertising and he made the initial determination as to the acceptability of each applicant. In addition, once the reviewer was hired, Steinberg decided who would be given each assignment and he determined the rate of pay. Steinberg even admitted that when a facility had a problem with a reviewer or the reviewer did not properly conduct himself or herself, he would investigate and, if there was a continued pattern of misconduct by any reviewer, Steinberg would no longer give that person work.

Decision affirmed, without costs. Casey, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.


Summaries of

Matter of Beller

Appellate Division of the Supreme Court of New York, Third Department
Feb 7, 1991
170 A.D.2d 715 (N.Y. App. Div. 1991)
Case details for

Matter of Beller

Case Details

Full title:In the Matter of the Claim of DEBORAH BELLER, Respondent. STEVEN R…

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

Date published: Feb 7, 1991

Citations

170 A.D.2d 715 (N.Y. App. Div. 1991)