Legal Opinion

In re the Claim of Pavan

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

Decided May 16, 1991PublishedCited by 15 opinions

1Opinion of the CourtMercure, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 20, 1989, which ruled that claimant was entitled to receive unemployment insurance benefits.

At issue in this proceeding before the Unemployment Insurance Appeal Board is whether claimant was an employee of UTOG 2-Way Radio Association, Inc. (hereinafter UTOG) or, rather, an independent contractor. Because it is our view that the Board’s own findings of fact do not support its conclusion that UTOG "exercised sufficient direction and control oyer the services performed by the claimant to establish his identity as…

2Cases cited2 opinions

  1. In re Ted Is Back Corp.New York Court of Appeals · 1984
  2. In re Samuel Green Engraving Corp.Appellate Division of the Supreme Court of the State of New York · 1983

3Cited by15 opinions

  1. Abouzeid v. GrgasAppellate Division of the Supreme Court of the State of New York · 2002
  2. Holcomb v. TWR Express, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Browning v. Ceva Freight, LLCDistrict Court, E.D. New York · 2012
  4. Claim of Kurzyna v. Communicar, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  5. Claim of Weingarten v. XYZ Two Way Radio Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

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