IN RE: the Claim of Anuwinder K. SINGH (2007)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 5, 2005, which ruled that Thomas A. Sirianni, Inc. was liable for additional unemployment insurance contributions based on remuneration paid to claimant and others similarly situated.

Claimant worked for Thomas A. Sirianni, Inc. as an attorney witness and notary for real estate closings.   After her employment ended, claimant applied for unemployment insurance benefits.   The Department of Labor initially determined that claimant was an employee of Sirianni and that Sirianni was liable for contributions based on remuneration paid to claimant and all other persons similarly situated.   Sirianni objected on the ground that claimant was an independent contractor.   After a hearing, the Administrative Law Judge sustained the initial determination and the Unemployment Insurance Appeal Board affirmed.   Sirianni now appeals.

 The existence of an employer-employee relationship is a factual issue for the Board to resolve and its determination will not be disturbed so long as it is supported by substantial evidence (see Matter of Concourse Ophthalmology Assoc. [Roberts], 60 N.Y.2d 734, 736, 469 N.Y.S.2d 78, 456 N.E.2d 1201 [1983];  Matter of O'Neil-Haight [County of Yates-Commissioner of Labor], 34 A.D.3d 1041, 1042, 823 N.Y.S.2d 632 [2006] ).   “[T]he existence of ‘other evidence (even the greater weight of the evidence) supporting an opposing determination merely create[s] a credibility issue for the Board's determination in the exercise of its exclusive fact-finding authority’ ” (Matter of Westney [Classic Airport Share-Ride-Commissioner of Labor], 262 A.D.2d 894, 896, 692 N.Y.S.2d 501 [1999], quoting Matter of Eisner [Hertz Corp.-Commissioner of Labor], 252 A.D.2d 847, 848, 675 N.Y.S.2d 700 [1998],appeal dismissed 92 N.Y.2d 946, 681 N.Y.S.2d 476, 704 N.E.2d 229 [1998] ).   Although a major focus of the inquiry is generally whether the purported employer exercises control over the results and the means of producing them (see Matter of Medical Transcription Plus [Commissioner of Labor], 302 A.D.2d 689, 690, 755 N.Y.S.2d 496 [2003];  Matter of Saalfield [Eber Bros. Wine & Liq. Co.-Commissioner of Labor], 37 A.D.3d 928, 929, 829 N.Y.S.2d 738 [2007] ), in those cases involving professional services the Board's determination will be sustained if it is “ supported by substantial evidence of control over important aspects of the services performed other than results or means” (Matter of Concourse Ophthalmology Assoc. [Roberts], supra at 736, 469 N.Y.S.2d 78, 456 N.E.2d 1201;  see Matter of International Student Exch. [Commissioner of Labor], 302 A.D.2d 834, 835, 756 N.Y.S.2d 320 [2003];  Matter of Bedin [Trussardi (USA)-Commissioner of Labor], 257 A.D.2d 809, 810, 684 N.Y.S.2d 653 [1999] ).

In this case, there is testimony in the record indicating, among other things, that Sirianni recruited claimant through an advertisement in an alumni publication (see Matter of La Fleur [LTI, Inc.-Commissioner of Labor], 27 A.D.3d 935, 936, 811 N.Y.S.2d 467 [2006], lv. dismissed 7 N.Y.3d 783, 820 N.Y.S.2d 544, 853 N.E.2d 1112 [2006];  Matter of Guidicipietro [Hariton & D'Angelo, LLP-Commissioner of Labor], 24 A.D.3d 1159, 1159, 806 N.Y.S.2d 774 [2005] ), interviewed her prior to hiring her (see Matter of O'Neil-Haight [County of Yates-Commissioner of Labor], supra at 1042, 823 N.Y.S.2d 632), scheduled the closings, required her to submit time sheets, collected fees from the customers and paid claimant directly (see Matter of Abramson [Commissioner of Labor], 29 A.D.3d 1191, 1192, 816 N.Y.S.2d 206 [2006];  Matter of Weinstein Elec. Corp. [Commissioner of Labor], 295 A.D.2d 767, 767, 744 N.Y.S.2d 68 [2002] ).

This Court has previously held that “an organization which screens the services of professionals, pays them at a set rate and then offers their services to clients exercises sufficient control to create an employment relationship” (Matter of Kimberg [Hudacs], 188 A.D.2d 781, 781, 591 N.Y.S.2d 98 [1992] ).   Although there is testimony in the record which would support a contrary conclusion, we find substantial evidence to support the Board's determination (see Matter of Rosenthal [Commissioner of Labor], 256 A.D.2d 711, 681 N.Y.S.2d 131 [1998] ).   The fact that claimant signed a written agreement identifying her as an independent contractor does not compel a different result (see Matter of Noel [Life Alert Emergency Response, Inc.-Commissioner of Labor], 38 A.D.3d 1082, 1084, 832 N.Y.S.2d 320 [2007];  Matter of Kelly [Frank Gallo, Inc.-Commissioner of Labor ], 28 A.D.3d 1044, 1045, 814 N.Y.S.2d 340 [2006], lv. dismissed 7 N.Y.3d 844, 823 N.Y.S.2d 772, 857 N.E.2d 67 [2006] ).

ORDERED that the decision is affirmed, without costs.