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Matter of Educaid, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 420 (N.Y. App. Div. 1991)

Opinion

September 26, 1991

Appeal from the Unemployment Insurance Appeal Board.


Substantial evidence in the record supports the determination that Educaid, Inc., an educational service which provides test preparation, academic guidance and private in-home tutoring for students, exercised sufficient direction and control over its tutors to establish their status as employees (see, Matter of Gentile Nursing Servs. [Roberts], 65 N.Y.2d 622; Matter of Bertsch [Intertek Servs. Corp. — Roberts], 159 A.D.2d 898; Matter of Schwartz [Creative Tutoring — Roberts], 91 A.D.2d 778). This is true even though there is evidence in the record which may have supported a contrary conclusion (see, Matter of CDK Delivery Serv. [Hartnett], 151 A.D.2d 932). For example, Educaid selected the tutors through advertising, conducted interviews of prospective tutors at which Educaid checked into their educational background, and the contract agreements the tutors signed restricted their activities with Educaid clients. In addition, upon the submission of monthly time sheets Educaid paid the tutors directly, even if it was not paid by the client. Finally, the fact that the tutors' contracts stated that they were independent contractors is not determinative (see, Matter of Pepsi Cola Buffalo Bottling Corp. [Hartnett], 144 A.D.2d 220, 221-222).

Casey, J.P., Weiss, Mikoll, Yesawich Jr. and Levine, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Educaid, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 420 (N.Y. App. Div. 1991)
Case details for

Matter of Educaid, Inc.

Case Details

Full title:In the Matter of EDUCAID, INC., Appellant. THOMAS F. HARTNETT, as…

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

Date published: Sep 26, 1991

Citations

176 A.D.2d 420 (N.Y. App. Div. 1991)
574 N.Y.S.2d 408

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