Legal Opinion

Madera v. Elmont Public Library

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

Decided December 5, 2012Published

1Opinion of the Court

The appellant Elmont Public Library (hereinafter the Library) retained an attorney to determine whether Frank Marino, the principal of a corporation which had a contract to provide business management services to the Library, was functioning as the Library’s employee or as an independent contractor. The attorney conducted interviews with Marino and several of the Library’s employees and reviewed administrative and budgetary materials. The attorney then issued a written report to the President of the Library’s Board of Trustees. The Library’s Board of Trustees thereafter permitted Marino to…

2Cases cited18 opinions

  1. Capital Newspapers Division of the Hearst Corp. v. BurnsNew York Court of Appeals · 1986
  2. Washington Post Co. v. New York State Insurance DepartmentNew York Court of Appeals · 1984
  3. Data Tree, LLC v. RomaineNew York Court of Appeals · 2007
  4. New York Times Co. v. RegenhardNew York Court of Appeals · 2005
  5. Church of Scientology of New York v. StateNew York Court of Appeals · 1979

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