Opinion
May 1, 1997
Appeal from the Unemployment Insurance Appeal Board.
Employer Allan Martino, doing business as Any Taxi, made an application to reopen this matter so that a hearing could be held on the issue of whether Martino had exercised sufficient direction and control over the work of the individuals who leased and drove his taxis to render him liable as their employer for unemployment insurance contributions. The application was denied by the Unemployment Insurance Appeal Board. We affirm. Whether to grant an application to reopen lies within the discretion of the Board and absent a showing that it abused its discretion, the Board's decision will not be disturbed ( see, Matter of Trincere [Sweeney], 235 A.D.2d 904). Our review of the record herein, including the reasons proffered to excuse the delay in making the application, discloses that the Board did not abuse its discretion ( see generally, Matter of Braz [Hudacs], 211 A.D.2d 938).
Mikoll, J.P., Mercure, Casey, Spain and Carpinello, JJ.,