Matter of Benson (Mastroianni Bros., Inc.--Commissioner of Labor)

Matter of Benson (Mastroianni Bros., Inc.--Commissioner of Labor) 2015 NY Slip Op 05730 Decided on July 2, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: July 2, 2015
519689

[*1] ROBERT A. BENSON, Respondent.

and

MASTROIANNI BROS., INC., Appellant. COMMISSIONER OF LABOR, Respondent.

Calendar Date: April 22, 2015
Before: Lahtinen, J.P., Garry, Lynch and Clark, JJ.

McNamee, Lochner, Titus & Williams, PC, Albany (Scott C. Paton of counsel), for appellant.

Bruce E. Knoll, Albany, for Robert A. Benson, respondent.

Eric T. Schneiderman, Attorney General, New York City (Steven Koton of counsel), for Commissioner of Labor, respondent.

MEMORANDUM AND ORDER

Lahtinen, J.P.

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed December 2, 2013, which ruled that Mastroianni Bros., Inc. was liable for additional unemployment insurance contributions on remuneration paid to claimant and others similarly situated.

The dispositive issue in this appeal is controlled by our decision in the companion case of Matter of Mastroianni Bros., Inc. (Commissioner of Labor) (___ AD3d ___ [2015] [decided

herewith]). Substantial evidence supports the Unemployment Insurance Appeal Board's decisions that claimant, a driver/distributor for Mastroianni Bros., Inc., was an employee for purposes of unemployment insurance.

Garry, Lynch and Clark, JJ., concur.

ORDERED that the decisions are affirmed, without costs.