Legal Opinion

In re Kimberg

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

Decided December 10, 1992PublishedCited by 18 opinions

1Opinion of the Court

Mikoll, J. P.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1991, which assessed Iris Kimberg for additional unemployment insurance contributions.

The conclusion by the Unemployment Insurance Appeal Board that Iris Kimberg’s agency exercised sufficient direction and control over the services of its therapists to establish their status as employees is supported by substantial evidence (see, Matter of Gentile Nursing Servs. [Roberts], 65 NY2d 622; Matter of Nurse Care Registry [Hartnett] 154 AD2d 804, lv denied 76 NY2d 701). Kimberg interviewed the therapists…

2Cases cited3 opinions

  1. In re Stat ServicesAppellate Division of the Supreme Court of the State of New York · 1989
  2. In re Nurse Care Registry, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  3. In re Via Otto Ristorante, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by18 opinions

  1. In re the Claim of SinghAppellate Division of the Supreme Court of the State of New York · 2007
  2. In re the Claim of WellsAppellate Division of the Supreme Court of the State of New York · 2010
  3. Matter of Klotz (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Lobban (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015
  5. In re the Claim of CobrinAppellate Division of the Supreme Court of the State of New York · 2012

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