In re Concourse Opthalmology Associates, P. C.

Levine, J. (dissenting).

In determining whether an employer-employee relationship exists for unemployment insurance purposes, New York very early adopted the basic common-law distinction between an employee and an independent contractor based upon control, namely; whether one who undertakes to achieve an agreed result also agrees to accept the directions of his employer as to the manner in which the result shall be accomplished, as opposed to agreeing to achieve a certain result without being subject to the orders of the employer as to the means which are used (see Matter of Morton, 284 NY…