Legal Opinion

In re Niagara Emergency Physicians Group, P. C.

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

Decided June 20, 1991PublishedCited by 3 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 2, 1990, which assessed Niagara Emergency Physicians Group, P. C. for additional unemployment insurance contributions.

The record supports the conclusion that the physicians engaged by Niagara Emergency Physicians Group, P. C. (hereinafter NEPG) were its employees and not independent contractors. Where, as here, professional services are involved and there is an absence of direct control, an employment relationship can be found where there is "substantial evidence of control over important aspects of the services…

2Cases cited2 opinions

  1. In re Concourse Ophthalmology Associates, P. C.New York Court of Appeals · 1983
  2. In re Stat ServicesAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by3 opinions

  1. In re the Claim of TulumelloAppellate Division of the Supreme Court of the State of New York · 1995
  2. In re the Claim of SalamatianAppellate Division of the Supreme Court of the State of New York · 1999
  3. Matter of Millennium Med. Care, P.C. (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2019

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