Legal Opinion

In re Concourse Ophthalmology Associates, P. C.

New York Court of Appeals

Decided October 18, 1983PublishedCited by 216 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Whether an employment relationship exists within the meaning of the unemployment insurance law is a question of fact, no one factor is determinative and the determination of the appeal board, if supported by substantial evidence on the record as a whole, is beyond further judicial review even though there is evidence in the record that would have supported a contrary conclusion (Matter of Di Martino [Buffalo Courier Express Co. — Ross], 59 NY2d 638; Matter of Villa Maria Inst. of Music [Ross], 54…

2Cases cited5 opinions

  1. In re 12 Cornelia Street, Inc.New York Court of Appeals · 1982
  2. Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
  3. Matter of Villa Maria Inst. of MusicNew York Court of Appeals · 1981
  4. In Re the Claims of Di MartinoNew York Court of Appeals · 1983
  5. In re Eastern Suffolk School of Music, Inc.Appellate Division of the Supreme Court of the State of New York · 1983

3Cited by216 opinions

  1. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  2. In Re Empire State Towing & Recovery Ass'nNew York Court of Appeals · 2010
  3. In re the Claim of RiveraNew York Court of Appeals · 1986
  4. Matter of Salamanca Nursing Home, Inc.New York Court of Appeals · 1986
  5. Matter of Hunter (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015

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