Legal Opinion
In re Charles A. Field Delivery Service, Inc.
New York Court of Appeals
Decided December 19, 1985PublishedCited by 285 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
A decision of an administrative agency which neither ad*517heres to its own prior precedent nor indicates its reason for reaching a different result on essentially the same facts is arbitrary and capricious. The order of the Appellate Division confirming the determination of the Unemployment Insurance Appeal Board that respondent’s delivery persons are independent contractors for whom respondent need make no unemployment insurance contribution should, therefore, be reversed and the matter remitted to the Board for further proceedings in accordance with this opinion.
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2Cases cited11 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973
- In re Concourse Ophthalmology Associates, P. C.New York Court of Appeals · 1983
- In re Ted Is Back Corp.New York Court of Appeals · 1984
- In re 12 Cornelia Street, Inc.New York Court of Appeals · 1982
- In Re the Claims of Di MartinoNew York Court of Appeals · 1983
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3Cited by285 opinions
- In re the Claim of RiveraNew York Court of Appeals · 1986
- Ansonia Residents Ass'n v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1989
- Knight v. AmelkinNew York Court of Appeals · 1986
- Caspian Realty, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Hartnett v. New York City Transit AuthorityNew York Court of Appeals · 1995
280 more not listed; retrieve them via the Exa API.