In re the Claim of Neil

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed October 25, 1990, which, inter alia, assessed Enesco Imports Corporation for unemployment insurance contributions.

The question of whether an employer/employee relationship exists is one of fact and depends on whether there is evidence of either control over the results achieved or over the means used to achieve those results (Matter of Rivera [State Line Delivery Serv. — Roberts], 69 NY2d 679, 682, cert denied 481 US 1049). Here, claimant was a sales representative for Enesco Imports Corporation and was assigned to a…