In re Faze 4 Orchestras, Ltd.

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 1, 1996, which assessed Faze 4 Orchestras, Ltd. for additional unemployment insurance contributions based upon remuneration paid to musicians.

Faze 4 Orchestras, Ltd. was a booking agent which supplied musical entertainment for private functions. Toward that end, Faze 4 organized weekly showcases of bands for potential clients and arranged to hire the musicians chosen by the client for a particular performance. Faze 4 negotiated and contracted with the client, set the band’s fee and instructed the band with respect to the date, time and place of the assignment. At each performance, a sign bearing the name of “Faze 4 Orchestras” was displayed before the band. Faze 4 paid the band or its individual members according to a negotiated fee out of the proceeds of the contractual sum received from the client. The Unemployment Insurance Appeal Board ruled that Faze 4 exercised sufficient direction and control over the musicians’ work to establish their status as Faze 4’s employees and sustained the initial determination assessing Faze 4 additional contributions for remuneration paid to the musicians.

The factual question of whether an employer-employee relationship exists is for the Board to resolve and its determination, if supported by substantial evidence, will not be disturbed, even where the record could support a contrary conclusion (see, Matter of Cameryn Entertainment Co. [Hartnett], 174 AD2d 859 ). Recognizing that professional musicians are not subject to direct supervision or control (see, Matter of Sims [Hudacs], 196 AD2d 912 ), we nonetheless find that the record here contains substantial evidence to support the Board’s decision (see, id.; Matter of Cameryn Entertainment Co. [Hartnett], supra; Matter of Captain Kishka [Hartnett], 158 AD2d 814 , lv denied 76 NY2d 708 ) and, accordingly, affirm.

Cardona, P. J., Mikoll, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.