Legal Opinion

In re S. Di Carlo, Inc.

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

Decided December 19, 1996PublishedCited by 5 opinions

1Opinion of the Court

—Carpinello, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 19, 1994, which assessed S. Di Carlo, Inc. for additional unemployment insurance contributions.

*803S. Di Carlo, Inc. (hereinafter Di Carlo) operates a bar and restaurant. Di Carlo was assessed additional unemployment insurance contributions based on payments made to musicians it retained to provide entertainment on weekends. After a hearing, an Administrative Law Judge (hereinafter ALJ) sustained Di Carlo’s objection to the assessment and found that the musicians were independent contractors rather…

2Cases cited2 opinions

  1. In re the Claim of WalkerAppellate Division of the Supreme Court of the State of New York · 1967
  2. In re Denny Nash, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by5 opinions

  1. Koza v. New Jersey Department of LaborNew Jersey Superior Court Appellate Division · 1998
  2. In re Mid America Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Matter of Griffs Global Corp. (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2022
  4. Matter of Schalberg (Broadway Pops Intl., Inc.--Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2022
  5. Matter of Women's Project & Prods., Inc. (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2020

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