Opinion
February 27, 1992
Appeal from the Unemployment Insurance Appeal Board.
The question of whether an employer/employee relationship exists is one of fact and depends on whether there is evidence of either control over the results achieved or over the means used to achieve those results (Matter of Rivera [State Line Delivery Serv. — Roberts], 69 N.Y.2d 679, 682, cert denied 481 U.S. 1049). Here, claimant was a sales representative for Enesco Imports Corporation and was assigned to a specific sales territory. He received training from the corporation and was terminated because he was not meeting the corporation's sales quotas. Under these circumstances, and on the record before us, there is substantial evidence to support the conclusion by the Unemployment Insurance Appeal Board that claimant and other persons similarly situated were employees of the corporation (see, Matter of Cohen [Blinder, Robinson Co. — Roberts], 112 A.D.2d 687, affd 67 N.Y.2d 683; Matter of Rawdin [College Town Sportswear — Ross], 58 A.D.2d 714).
Weiss, P.J., Yesawich Jr., Crew III, Mahoney and Harvey, JJ., concur. Ordered that the decisions are affirmed, without costs.