Legal Opinion

In re Santoro

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

Decided May 16, 1991PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 21, 1990, which assessed Joseph F. Santoro for unemployment insurance contributions.

Substantial evidence in the record supports the determination that the distributors engaged by Joseph F. Santoro, a wholesaler of snack food, were his employees and not independent contractors. Although the distributors signed independent contractor agreements, those same agreements vested Santoro with substantial control over their activities (see, Matter of Pepsi Cola Buffalo Bottling Corp. [Hartnett], 144 AD2d 220, 222). For…

2Cases cited3 opinions

  1. In re Pepsi Cola Buffalo Bottling Corp.Appellate Division of the Supreme Court of the State of New York · 1988
  2. In re CDK Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  3. In re the Claim of OakesAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. Matter of Mastroianni Bros., Inc. (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015

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