Opinion
November 8, 1990
Appeal from the Unemployment Insurance Appeal Board.
The evidence in the record supports the determination that sufficient direction and control were exercised over those individuals engaged by Stanley Frankel in the operation of his dental practice to be considered his employees (see, Matter of Polinsky [Hartnett], 163 A.D.2d 684). Although they signed independent contractor agreements, he set their hours, rate of pay and required them to punch a time clock; the individual also worked only on his premises and used his office and equipment (see, Matter of Bertsch [Intertek Servs. Corp. — Hartnett], 159 A.D.2d 898). The conclusions reached were within the power of the Unemployment Insurance Appeal Board as fact finder and its decision was supported by substantial evidence (see, Matter of Di Maria v. Ross, 52 N.Y.2d 771). Frankel's remaining contentions have been found to be lacking in merit.
Decision affirmed, without costs. Kane, J.P., Weiss, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.