Opinion
09-17-2015
In the Matter of the Claim of Taylor G. SOULE, Respondent. Gannett Satellite Information Network, Inc., doing business as the Ithaca Journal, Appellant. Commissioner of Labor, Respondent.
Bond, Schoeneck & King, PLLC, Syracuse (Peter A. Jones of counsel) and The Zinser Law Firm, P.C., Nashville, Tennesee (L. Michael Zinser admitted pro hac vice), for appellant. Cynthia Feathers, Glens Falls, for Taylor G. Soule, respondent. Satterlee Stephens Burke & Burke LLP, New York City (Mark A. Fowler of counsel), for New York News Publishers Association, amicus curiae.
Bond, Schoeneck & King, PLLC, Syracuse (Peter A. Jones of counsel) and The Zinser Law Firm, P.C., Nashville, Tennesee (L. Michael Zinser admitted pro hac vice), for appellant.
Cynthia Feathers, Glens Falls, for Taylor G. Soule, respondent.
Satterlee Stephens Burke & Burke LLP, New York City (Mark A. Fowler of counsel), for New York News Publishers Association, amicus curiae.
Opinion Appeals from two decisions of the Unemployment Insurance Appeal Board, filed March 21, 2014, which ruled, among other things, that Gannett Satellite Information Network, Inc. is liable for additional unemployment insurance contributions based on remuneration paid to claimant and others similarly situated.
Claimant contracted with Gannett Satellite Information Network, Inc. to deliver newspapers and other publications. Following claimant's application for unemployment insurance benefits, the Unemployment Insurance Appeal Board determined that claimant was an employee of Gannett and that Gannett was liable for contributions based on remuneration paid to claimant and others similarly situated. Gannett now appeals.
We affirm. Upon our review of the record, we find that the indicia of control retained by Gannett through the agreement with claimant is nearly identical to the relevant factors identified to establish an employment relationship in Matter of Armison (Gannett Co., Inc.-Commissioner of Labor), 122 A.D.3d 1101, 1102, 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) and Matter of Hunter (Gannett Co., Inc.-Commissioner of Labor), 125 A.D.3d 1166, 1167, 3 N.Y.S.3d 195 (2015). As such, we find that substantial evidence supports the Board's determination that claimant was an employee of Gannett (see Matter of Stevens [Gannett Co. Inc.-Commissioner of Labor], 130 A.D.3d 1401, 1042, 12 N.Y.S.3d 923 [2015] ; 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 Travis [Gannett Satellite Info. Network, Inc.-Commissioner of Labor], 127 A.D.3d 1349, 1349, 5 N.Y.S.3d 623 [2015] ). Gannett's remaining contentions are without merit.
ORDERED that the decisions are affirmed, without costs.
PETERS, P.J., LAHTINEN, GARRY and LYNCH, JJ., concur.