In re the Claims of Cool

Both claimants were town superintendents of highways who failed to win re-election and applied for benefits under the Special Unemployment Assistance Program, The board found claimants to be employees and therefore, eligible. These appeals ensued.

Most of the cases dealing with the issue of whether a claimant is an employee under article 18 of the Labor Law are concerned with whether the relationship is one of employee or independent contractor. The instant claimants do not neatly fit into either category. Our concern, however, is whether an elected town superintendent of highways is an…