In re the Claim of Werner

Casey, J. (dissenting).

The facts in this case are sufficiently distinguishable from the facts in Matter of Mid-Hudson Publ. (Kingston Daily Freeman Div.—Roberts) (119 AD2d 959, lv denied 68 NY2d 609) to permit the Unemployment Insurance Appeal Board to reach a different conclusion (cf., Matter of Field Delivery Serv. [Roberts], 66 NY2d 516, 520-521). In contrast to the factors found to be decisive on the issue of lack of control by the Board in the Mid-Hudson case, the distributor in this case established deadlines, made territorial route assignments, conducted periodic spot-checks and…