In re Pepsi Cola Buffalo Bottling Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Weiss, J. P.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 2, 1987.
This case has its genesis in an unemployment insurance claim filed by Robert S. Teno, who formerly worked as a distributor-driver pursuant to a subfranchise agreement with Pepsi Cola Buffalo Bottling Corporation. By letter dated May 20, 1985, the local unemployment office advised Pepsi that Teno was an independent contractor and thus ineligible for unemployment benefits. By letter dated December 4, 1985, however, the local office notified Pepsi that "upon further review of the information…
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