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Matter of Dellapenta

Appellate Division of the Supreme Court of New York, Third Department
Jan 15, 1941
261 App. Div. 863 (N.Y. App. Div. 1941)

Opinion

January 15, 1941.

Appeal from Unemployment Insurance Appeal Board.

Present — Hill, P.J., Crapser, Bliss, Schenck and Foster, JJ.


The latter conducts a hotel in the city of Buffalo, N.Y., and maintains therein a cocktail lounge where music is furnished for the entertainment of patrons. The manager of the hotel employed one Jack Valentine to procure and organize trios of musicians for the purpose of playing music in the lounge. Claimant was a member of one of such trios. The Board has found that Valentine was the agent of appellant, and that the latter, through its manager, dictated the selection of personnel for each trio and the hours of employment. Also that appellant had the right to disband any trio upon two weeks' notice to the leader, and that this in effect conferred upon it the right to discharge a musician whose services were unsatisfactory. There is substantial evidence to sustain these findings and the decision of the Board. Decision unanimously affirmed, with costs to the Industrial Commissioner.


Summaries of

Matter of Dellapenta

Appellate Division of the Supreme Court of New York, Third Department
Jan 15, 1941
261 App. Div. 863 (N.Y. App. Div. 1941)
Case details for

Matter of Dellapenta

Case Details

Full title:In the Matter of the Claim for Benefits under Article 18 of the Labor Law…

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

Date published: Jan 15, 1941

Citations

261 App. Div. 863 (N.Y. App. Div. 1941)