Legal Opinion

In re the Educaid, Inc.

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

Decided September 26, 1991PublishedCited by 7 opinions

1Opinion of the Court

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 31, 1990, which assessed Educaid, Inc. for additional unemployment insurance contributions.

Substantial evidence in the record supports the determination that Educaid, Inc., an educational service which provides test preparation, academic guidance and private in-home tutoring for students, exercised sufficient direction and control over its tutors to establish their status as employees (see, Matter of Gentile Nursing Servs. [Roberts], 65 NY2d 622; Matter of Bertsch [Intertek Servs. Corp. — Roberts], 159 AD2d…

2Cases cited4 opinions

  1. In re Pepsi Cola Buffalo Bottling Corp.Appellate Division of the Supreme Court of the State of New York · 1988
  2. In re CDK Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  3. In re the Claim of SchwartzAppellate Division of the Supreme Court of the State of New York · 1982
  4. In re the Claim of BertschAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by7 opinions

  1. In re Enjoy the Show Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  2. In re Faculty Tutoring Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. In re the Claim of MydlandAppellate Division of the Supreme Court of the State of New York · 1995
  4. In re the Claim of MontaltoAppellate Division of the Supreme Court of the State of New York · 1999
  5. In re the Claim of Ivy League Tutoring Connection, Inc.Appellate Division of the Supreme Court of the State of New York · 2014

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