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IN THE MATTER OF DeSANTIS

54 A.D.3d 1103 (2008)

864 N.Y.S.2d 196

In the Matter of MARIA DeSANTIS, Doing Business as MARIO DeSANTIS BAND & ORCHESTRA, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 18, 2008.

Maria DeSantis has a band which she operates as a business. She contracts with clients to have the band perform at various events, such as weddings and graduations, and retains musicians to play in the band, which she selects from a pool of 40 to 70 individuals depending upon the type of engagement. The band can vary in size from 3 to 16 members. DeSantis meets with clients to ascertain the musical selection, attire to be worn by the musicians as well as the logistics, such...

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