Legal Opinion · Dissent

Matter of Greene (Commr. of Labor)

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 2016No. 520927Published

1DissentRose, J.

I respectfully dissent. Contrary to the majority’s view, claimant’s employment relationship with the Syracuse Society for New Music, Inc. (hereinafter SNM) cannot be analogized to someone who is hired to paint a building red. The analysis in each scenario is fundamentally different. If claimant were a house painter, her status would be determined by the alleged employer’s exercise of “control over the results produced or the means used to achieve the results, with control over the means being the more important factor” (Matter of McAlevey [Agewell Physical Therapy & Wellness,…

2Cases cited9 opinions

  1. In re Concourse Ophthalmology Associates, P. C.New York Court of Appeals · 1983
  2. In Re Empire State Towing & Recovery Ass'nNew York Court of Appeals · 2010
  3. In re Hertz CorporationNew York Court of Appeals · 2004
  4. In re the Claim of WernerAppellate Division of the Supreme Court of the State of New York · 1994
  5. In re SimsAppellate Division of the Supreme Court of the State of New York · 1993

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