Legal Opinion

In re the Claim of Cobrin

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

Decided January 5, 2012PublishedCited by 11 opinions

1Opinion of the CourtRose, J.

*993We affirm. “The existence of an employer-employee relationship is a factual determination for the Board that will not be disturbed if supported by substantial evidence” (Matter of Omnipop, Inc. [Commissioner of Labor], 68 AD3d 1575, 1576 [2009] [citations omitted]). Further, “[w]here professionals are involved, the relevant inquiry is ‘whether the purported employer retains overall control of important aspects of the services performed’ ” (Matter of Wells [Madison Consulting, Inc.— Commissioner of Labor], 77 AD3d 993, 995 [2010], quoting Matter of Piano School of N.Y. City [Commissioner of…

2Cases cited6 opinions

  1. In re Concourse Ophthalmology Associates, P. C.New York Court of Appeals · 1983
  2. In re KimbergAppellate Division of the Supreme Court of the State of New York · 1992
  3. In re the Claim of SinghAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Claim of WellsAppellate Division of the Supreme Court of the State of New York · 2010
  5. In re Piano SchoolAppellate Division of the Supreme Court of the State of New York · 2010

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Matter of Brown (Plannernet, Inc.--Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Baez (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Stecher Aviation Services, Inc. (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015
  4. In re the Claim of Ivy League Tutoring Connection, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  5. In re the Claim of Ivy League Tutoring Connection, Inc.Appellate Division of the Supreme Court of the State of New York · 2014

6 more not listed; retrieve them via the Exa API.

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