In re Petelinz

Appeal from a determination of the Unemployment held that the appellants were employers of two milk truckmen and liable for additional contributions under the Unemployment Insurance Law. The sole issue on appeal is whether the truckmen were employees or independent contractors. The parties operated under a written contract but the board had the power to look behind the terms of the written contract to determine the actual relationship between the parties (Matter of Clinton Builders Supply Corp. [Com], 283 App. Div. 830; *829Matter of Glielmi v. Netherland Dairy Co., 254 N. Y. 60). The record…