Opinion
525531
12-13-2018
In the MATTER OF the Claim of Delores NICHOLAS, Respondent. Gannett Satellite Information Network, Inc., Doing Business as Poughkeepsie Journal, Appellant. v. Commissioner of Labor, Respondent.
Bond Schoeneck & King, PLLC, Syracuse (Peter A. Jones of counsel) and The Zinser Law Firm, PC, Nashville, Tennessee (L. Michael Zinser admitted pro hac vice), for appellant. Salvatore C. Adamo, Albany, for Delores Nicholas, respondent.
Bond Schoeneck & King, PLLC, Syracuse (Peter A. Jones of counsel) and The Zinser Law Firm, PC, Nashville, Tennessee (L. Michael Zinser admitted pro hac vice), for appellant.
Salvatore C. Adamo, Albany, for Delores Nicholas, respondent.
Before: Garry, P.J., Egan Jr., Lynch, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Aarons, J.Appeals from two decisions of the Unemployment Insurance Appeal Board, filed May 3, 2017, which, upon resettlement, ruled, among other things, that Gannett Satellite Information Network, Inc. is liable for unemployment insurance contributions on remuneration paid to claimant and others similarly situated.
Claimant contracted with Gannett Satellite Information Network, Inc. to deliver newspapers to residential customers. Following termination of the contract, claimant applied for unemployment insurance benefits. The Department of Labor determined that claimant was an employee of Gannett Satellite entitled to such benefits and that Gannett Satellite was liable for additional contributions based upon remuneration paid to claimant and others similarly situated. Following a hearing, an Administrative Law Judge sustained the Department's determination, and the Unemployment Insurance Appeal Board affirmed. Gannett Satellite now appeals.
We affirm. Upon reviewing the record in this case, we find that the indicators of control contained in Gannett Satellite's contract with claimant are practically the same as the relevant factors previously identified to establish an employer-employee relationship; accordingly, we find that substantial evidence supports the Board's decisions (see Matter of Smith [Gannett Satellite Info. Network, Inc.-Commissioner of Labor], 166 A.D.3d 1251, 1252, 85 N.Y.S.3d 796, 797 [2018] ; Matter of Race [Gannett Satellite Info. Network, Inc.-Commissioner of Labor], 128 A.D.3d 1130, 1130, 6 N.Y.S.3d 504 [2015] ; Matter of Gager [Gannett Satellite Info. Network, Inc.-Commissioner of Labor, 127 A.D.3d 1348, 1348–1349, 4 N.Y.S.3d 784 [2015] ; Matter of Hunter [Gannett Co., Inc.-Commissioner of Labor], 125 A.D.3d 1166, 1167–1168, 3 N.Y.S.3d 195 [2015] ; Matter of Armison [Gannett Co., Inc.-Commissioner of Labor], 122 A.D.3d 1101, 1102–1103, 995 N.Y.S.2d 856 [2014], lv dismissed 24 N.Y.3d 1209, 4 N.Y.S.3d 590, 28 N.E.3d 24 [2015] ). We have reviewed Gannett Satellite's remaining contentions and find them to be unavailing.
ORDERED that the decisions are affirmed, without costs.
Garry, P.J., Egan Jr., Lynch and Pritzker, JJ., concur.