Legal Opinion

In re the Claim of McKee

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

Decided November 14, 1996Published

1Opinion of the Court

—Appeals from two decisions of the Unemployment Insurance Appeal Board, filed July 7, 1995, which ruled, inter alia, that claimant was entitled to receive unemployment insurance benefits.

Claimant was hired by the employer, a distributor of bakery goods, to restock shelves of a local supermarket with its products twice a day every Sunday. The record establishes that one of the employer’s salespersons recruited claimant for this position to perform what would otherwise be his duties on Sundays. The record further reveals that claimant was paid on a per restock basis after submitting an invoice,…

2Cases cited4 opinions

  1. In re Concourse Ophthalmology Associates, P. C.New York Court of Appeals · 1983
  2. In re the Claim of HodgesAppellate Division of the Supreme Court of the State of New York · 1991
  3. In re the Claim of MydlandAppellate Division of the Supreme Court of the State of New York · 1995
  4. In re the Claim of NicoteraAppellate Division of the Supreme Court of the State of New York · 1969

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