In re Body Electric Corp. of America
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Substantial evidence supports the Unemployment Insurance Appeal Board’s decision to assess Body Electric Corporation of America for additional unemployment insurance contributions, as well as a fraud penalty, for the audit period 2003 to 2006 based upon a finding that Leona Fox, a shipper for the company, was an employee rather than independent contractor. The record establishes that a prior Board decision, dated September 3, 2004, found, among other things, that Fox was an employee for the purpose of unemployment insurance contributions during the audit period 2000 to 2002. Even crediting…
2Cases cited2 opinions
- In Re the Claim of EnglandNew York Court of Appeals · 1976
- In re Executive Education Institute, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by1 opinion
- Matter of Marchon Eyewear Inc. (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2020