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Matter of Ponte

Appellate Division of the Supreme Court of New York, Third Department
Nov 2, 1995
221 A.D.2d 712 (N.Y. App. Div. 1995)

Opinion

November 2, 1995

Appeal from the Unemployment Insurance Appeal Board.


As compensation for his referral of four accounts, claimant received four checks from Samsung of America totaling the sum of $7,097.62. The Board found Samsung to be claimant's employer and ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits. Claimant asserts that because he was an independent contractor and not Samsung's employee and that these referrals were made before he laid claim to unemployment benefits, the Board's decision is in error.

We disagree. The evidence adduced at the hearing established that, in addition to furnishing the subject accounts, claimant used Samsung's office to make business calls to customers during the relevant period. Substantial evidence supports the Board's decision.

Mikoll, J.P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Ponte

Appellate Division of the Supreme Court of New York, Third Department
Nov 2, 1995
221 A.D.2d 712 (N.Y. App. Div. 1995)
Case details for

Matter of Ponte

Case Details

Full title:In the Matter of the Claim of JOHN A. DEL PONTE, Appellant. JOHN E…

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

Date published: Nov 2, 1995

Citations

221 A.D.2d 712 (N.Y. App. Div. 1995)
632 N.Y.S.2d 730