In re the Claim of Bourk

Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed February 6, 1989, which assessed Homecraft Industries, Inc. for additional unemployment insurance contributions, and (2) from a decision of said Board, filed May 5, 1989, which, upon reconsideration, adhered to its prior decision.

The powers reserved by Homecraft Industries, Inc. were sufficient to establish the direction and control necessary for its salespersons to be considered employees (see, Matter of Cohen [Blinder, Robinson & Co.—Roberts], 67 NY2d 683). While there were factors pointing to independent…