Summary
relying on fact that workers could subcontract responsibilities and work for competitors
Summary of this case from In re VegaOpinion
Argued March 23, 1983
Decided April 28, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Bonnie Glatzer and Fredric H. Fischer for Buffalo Courier Express, appellant.
William E. McKnight and Michael A. Hausknecht for Utica Observer-Dispatch Utica Daily Press, Inc., appellant. Robert Abrams, Attorney-General ( Paul S. Shemin, Peter H. Schiff and Iris A. Steel of counsel), for Philip Ross, Industrial Commissioner, respondent.
John D. Chestara for David L. Wells, respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, in each of these cases.
Whether the relationships of the bundle-haulers and the motor route carriers with the publishers are those of employees or independent contractors involves resolution of questions of fact. We agree with the Appellate Division that in each case, taken as a whole the proof in the record constituted substantial evidence sustaining the determination of the Unemployment Insurance Appeal Board that the relationship was that of employer-employee.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.
In each case: Order affirmed, with costs, in memorandum.