Opinion
Decided February 6, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Carl M. Kuntz for appellant.
Robert Abrams, Attorney-General (Frederick M. Paola of counsel), for Lillian Roberts, as Commissioner of Labor, respondent.
William F. Reynolds for Steven Cohen, respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 112 A.D.2d 687). We add only that unlike Matter of 12 Cornelia St. (Ross) ( 56 N.Y.2d 895), the evidence here indicates the employer was able to exercise control over the activities of its salespersons beyond the requirements of applicable governmental regulation.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.