Numrich Gun Parts Corp. v. Rivera

Peters, PJ.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered April 30, 2013, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents’ motion to dismiss the petition/complaint.

An audit of petitioner’s business by respondent Department of Labor culminated in a September 2011 decision of the Unemployment Insurance Appeal Board (hereinafter Board) finding that certain off-site call center representatives utilized by petitioner were independent contractors, rather than employees, for unemployment insurance purposes.…