Legal Opinion
In re the Claim of Fox
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 1986PublishedCited by 2 opinions
1Opinion of the Court
—Mikoll, J.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 14, 1985, which ruled that claimant was entitled to receive benefits.
James Whalen challenges the finding by the Unemployment Insurance Appeal Board that claimant was his employee on the ground that it is unsubstantiated by the evidence. It is his contention that claimant was an independent contractor. Whalen further contends that the Board erred in failing to accord collateral estoppel effect to a ruling of the National Labor Relations Board (NLRB) which found that claimant and other drivers similarly…
2Cases cited8 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Di Maria v. RossNew York Court of Appeals · 1980
- In re 12 Cornelia Street, Inc.New York Court of Appeals · 1982
- In Re the Claims of Di MartinoNew York Court of Appeals · 1983
- In re the Claim of WellsAppellate Division of the Supreme Court of the State of New York · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Claim of CaseyAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Claim of RossAppellate Division of the Supreme Court of the State of New York · 1986