In re the Claim of Kelly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 22, 2004, which ruled, inter alia, that Frank Gallo, Inc. was liable for unemployment insurance contributions for claimant and others similarly situated.
Frank Gallo, Inc. (hereinafter Gallo) is a retail florist, which had regular employees working at an hourly rate, who accomplished deliveries using Gallo’s vehicles. Claimant, having responded to Gallo’s newspaper advertisement for “drivers,” delivered Gallo’s products at times when it required additional drivers. Claimant used his own vehicle for these…
2Cases cited11 opinions
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- In re the Claim of RiveraNew York Court of Appeals · 1986
- In re CDK Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- In re the Claim of FrancisAppellate Division of the Supreme Court of the State of New York · 1998
- In re the Claim of LambertAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by20 opinions
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- In re the Claims of NoelAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Claim of SinghAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Claim of PerdueAppellate Division of the Supreme Court of the State of New York · 2008
- In re Claim of WrightAppellate Division of the Supreme Court of the State of New York · 2009
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