SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
December 1, 1969
IN THE MATTER OF DOROTHY KLOSNER, RESPONDENT. SPERBER SALES, APPELLANT; MARTIN P. CATHERWOOD, AS INDUSTRIAL COMMISSIONER, RESPONDENT
Reynolds, J. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.
Appeal from a decision of the Unemployment Insurance Appeal Board holding claimant to be an employee and thus making the employer-appellant liable for unemployment contributions for her benefit. Whether claimant was an employee or an independent contractor, as appellant urges, is a factual issue, and thus the board's decision must be upheld if it is supported by substantial evidence (e.g., Matter of Chauffeurs Unlimited [ Catherwood ], 24 A.D.2d 1044). The instant record contains more than ample evidence of direction and control by the alleged employer to support the board's decision.
Decision affirmed, with costs to respondent filing brief.
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