Legal Opinion
Claim of Jennings v. Avanti Express, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 9 opinions
1Opinion of the CourtGarry, J.
Whether an employer-employee relationship exists is a factual issue to be resolved by the Board and such determination will be upheld if substantial evidence exists in the record to support it (see Matter of Duma v Baca, 83 AD3d 1228, 1228 [2011]; Matter of Brown v City of Rome, 66 AD3d 1092, 1092 [2009]; Matter of Ellingwood v Liberty Group Publ., Inc., 38 AD3d 1108, 1109 [2007]). Factors relevant to the determination of an employer-*1000employee relationship include the right to control the alleged employee’s work and set his or her schedule, the manner and method of payment, the right to…
2Cases cited4 opinions
- Claim of Enriquez v. Home Lawn Care & Landscaping, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Claim of Duma v. BacaAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Brown v. City of RomeAppellate Division of the Supreme Court of the State of New York · 2009
- Claim of Ellingwood v. Liberty Group Publishing, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by9 opinions
- Matter of Schwenger v. NYU School of MedicineAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Saratoga Skydiving Adventures v. Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2016
- Claim of Brzezinski v. GambinoAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Brzezinski v. GambinoAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Malave v. Beef & Bourbon, LLCAppellate Division of the Supreme Court of the State of New York · 2014
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