Matter of Mastroianni Bros., Inc. (Commr. of Labor)
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Lahtinen, J.P.
Appeal from that part of a decision of the Unemployment Insurance Appeal Board, filed December 2, 2013, which assessed Mastroianni Bros., Inc. for additional unemployment insurance contributions.
Mastroianni Bros., Inc. sells baked food products to supermarkets, independent grocery stores and restaurants. The products are delivered from the bakery to the various stores by individuals referred to as drivers/distributors (hereinafter distributors), whose status as employees or independent contractors is in dispute. * A field report in 2003 concluded that such individuals were…
2Cases cited9 opinions
- In re Concourse Ophthalmology Associates, P. C.New York Court of Appeals · 1983
- In Re Empire State Towing & Recovery Ass'nNew York Court of Appeals · 2010
- In re Hertz CorporationNew York Court of Appeals · 2004
- In re the Claim of LombardAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of Viau (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015
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3Cited by3 opinions
- In re the Claim of BensonAppellate Division of the Supreme Court of the State of New York · 2015
- In re the Claim of BensonAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Cowan (Bimbo Foods Bakeries Distrib., Inc.--Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2018