MATTER OF SCHULER v. LASERSHIP, INC.

527880.

175 A.D.3d 1688 (2019)

108 N.Y.S.3d 221

2019 NY Slip Op 06663

In the Matter of the Claim of Jeffrey M. Schuler, Respondent. LaserShip, Inc., Appellant. Commissioner of Labor, Respondent.

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

Decided September 19, 2019.


Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo (James R. Grasso of counsel), for appellant.

Catherine A. Barber, Guilderland, for Jeffrey M. Schuler, respondent.

Letitia James, Attorney General, New York City (Mary Hughes of counsel), for Commissioner of Labor, respondent.

Lynch, J.P., Clark, Mulvey, Devine and Aarons, JJ., concur.


Based on services as a delivery driver and courier provided to LaserShip, Inc., claimant filed an application for unemployment insurance benefits. The Department of Labor determined that LaserShip exercised or reserved the right to exercise sufficient direction and control over the work being performed by claimant to establish an employment relationship, and LaserShip requested a hearing to challenge the determination. On March...

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