Legal Opinion
Swergold v. Cuomo
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2012Published
1Opinion of the CourtEgan Jr., J.
In April 2008, defendant/respondent Comptroller announced new regulations for defendant/respondent New York State and Local Employees’ Retirement System that defined how local governments and school districts should classify professional service providers in terms of being either employees or independent contractors. As a result of the new regulations, plaintiff Nathaniel M. Swergold and petitioner Albert A. D’Agostino had their memberships in the Retirement System invalidated (see Swergold v Cuomo, 70 AD3d 1290 [2010]; Matter of D’Agostino v DiNapoli, 70 AD3d 1285 [2010]), and petitioner…
2Cases cited14 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Hewitt v. HelmsSupreme Court of the United States · 1987
- Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company, a New York Stock Company, and Metlife, Inc., a Delaware Holding CompanyCourt of Appeals for the Second Circuit · 2004
- Larry Weyant, Charles Weyant v. George S. Okst, Irvin Richard Weber, Joseph Peter Auberger, Lawrence MuellerCourt of Appeals for the Second Circuit · 1999
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