In re Brown

Appeal pursuant to the provisions of section 535 of the Labor Law from the decision of the Unemployment Insurance Appeal Board which held that the claimant was an employee of Hotels Statler Company, Inc., employer. Claimant was a vocalist and was a member of the Dick Stabile Orchestra. This orchestra was engaged by employer-appellant for playing during customary hours. The issue presented here is whether Dick Stabile was an independent contractor and employer of claimant, or whether Dick Stabile and each and every individual member of his orchestra were employees of appellant. The…