Legal Opinion

In re the Claim of Tarbell

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

Decided November 8, 1990PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed *641April 4, 1989, which, inter alia, assessed Stanley Frankel for additional unemployment insurance contributions.

The evidence in the record supports the determination that sufficient direction and control were exercised over those individuals engaged by Stanley Frankel in the operation of his dental practice to be considered his employees (see, Matter of Polinsky [Hartnett], 163 AD2d 684). Although they signed independent contractor agreements, he set their hours, rate of pay and required them to punch a time clock; the…

2Cases cited3 opinions

  1. Di Maria v. RossNew York Court of Appeals · 1980
  2. In re the Claim of BertschAppellate Division of the Supreme Court of the State of New York · 1990
  3. In re PolinskyAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by1 opinion

  1. Matter of Brown (Smallberg & Satornino DDS--Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2023

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