Legal Opinion

In re the Claim of Miciletto

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

Decided September 19, 2013Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 28, 2012, which ruled that Village Wine Imports Ltd. was liable for unemployment insurance contributions based on remuneration paid to claimant and others similarly situated.

Claimant was a salesperson for Village Wine Imports Ltd., a wine importer and distributor. Substantial evidence supports the Unemployment Insurance Appeal Board’s conclusion that claimant and those similarly situated were Village Wine’s employees and not independent contractors. Village Wine set claimant’s commission rate, paid him a draw on…

2Cases cited2 opinions

  1. In re the Claim of InterlandiAppellate Division of the Supreme Court of the State of New York · 2010
  2. In re the Claim of SaloAppellate Division of the Supreme Court of the State of New York · 1998

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