Legal Opinion

In re the Claim of Weltman

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

Decided May 20, 1966PublishedCited by 4 opinions

1Opinion of the CourtReynolds, J.

Appeal by the employer from a decision of the Unemployment Insurance Appeal Board holding that claimant was an employee of appellant. The sole question raised here is whether claimant, a registered representative of appellant, was an employee so as to render appellant liable for taxes on his commission earnings under the New York Unemployment Insurance Law. Claimant’s status as an employee or, as urged by appellant, an independent contractor depends on whether there existed to a sufficient degree *915a right of control by the appellant over the manner in which claimant performed his duties…

2Cases cited6 opinions

  1. In Re the Claim of MortonNew York Court of Appeals · 1940
  2. In re the Liability for Unemployment Insurance Contributions under Article 18 of the Labor Law of Fidel Ass'n New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
  3. Matter of Fidel Association of New York, IncorporatedNew York Court of Appeals · 1941
  4. In Re the Claim of DunneNew York Court of Appeals · 1944
  5. In re the Claim for Benefits under Article 18 of the Labor Law Made by DunneAppellate Division of the Supreme Court of the State of New York · 1942

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3Cited by4 opinions

  1. Miriam Osborn Memorial Home Ass'n v. Assessor of City of RyeAppellate Division of the Supreme Court of the State of New York · 2010
  2. In re the Claim of CohenAppellate Division of the Supreme Court of the State of New York · 1985
  3. In re the Claim of BakalAppellate Division of the Supreme Court of the State of New York · 1993
  4. In re the Claim of FriendAppellate Division of the Supreme Court of the State of New York · 1978

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