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In re the Application for Benefits under Article 18 of the Labor Law Made by Seibert

261 A.D. 867 Court N.Y. App. Div. Decision date 1941-01-22 English

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p. 867
In the Matter of the Application for Benefits under Article 18 of the Labor Law Made by Richard John Seibert, Claimant. The Buffalo Evening News, Appellant; Frieda S. Miller, as Industrial Commissioner, Respondent.

This is an appeal by the Buffalo Evening News from a decision of the Unemployment Insurance Appeal Board, which affirmed a decision of an Unemployment Insurance Referee holding that claimant was an employee of appellant and entitled to unemployment insurance benefits. The sole question is whether claimant was an employee or an independent contractor. The question is one of fact and there is evidence to sustain the decision appealed from. Decision unanimously affirmed, with costs to the Industrial Commissioner. Present — Hill, P. J., Bliss, Heffernan, Sehenck and Foster, JJ,