IN RE: the Claim of Mary SEBRING (2019)

MEMORANDUM AND ORDER

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed October 2, 2017, which ruled, among other things, that Community First Holdings, Inc. was liable for unemployment insurance contributions on remuneration paid to claimant and others similarly situated.

Claimant entered into several contracts with Community First Holdings, Inc. (hereinafter CFHI) to provide delivery services for its newspapers within certain geographic areas.  After CFHI terminated the contracts, claimant applied for unemployment insurance benefits.  The Department of Labor determined that claimant was an employee of CFHI and that CFHI was liable for additional contributions based upon remuneration paid to claimant and others similarly situated.  This determination was sustained by an Administrative Law Judge following a hearing, and the Unemployment Insurance Appeal Board affirmed.  CFHI appeals.

We affirm.  The record reflects that the indicia of control retained by CFHI in its contracts with claimant and others similarly situated are nearly identical to the relevant factors identified to establish an employment relationship in Matter of Rosenfelder (Community First Holdings, Inc.-Commissioner of Labor), 137 A.D.3d 1438, 1439–1440, 28 N.Y.S.3d 137 (2016).  Accordingly, we find that substantial evidence supports the Board's decisions, and they will not be disturbed (see Matter of Nicholas [Gannett Satellite Info. Network, Inc.-Commissioner of Labor], 167 A.D.3d 1180, 1181, 87 N.Y.S.3d 919 [2018];  Matter of Smith [Gannett Satellite Info. Network, Inc.-Commissioner of Labor], 166 A.D.3d 1251, 1252, 85 N.Y.S.3d 796 [2018];  Matter of Rosenfelder [Community First Holdings, Inc.-Commissioner of Labor], 137 A.D.3d at 1439–1440, 28 N.Y.S.3d 137).¹  CFHI's remaining claims have been considered and found to be unpersuasive.

ORDERED that the decisions are affirmed, without costs.

FOOTNOTES

1.   As this claim preceded the enactment of Labor Law § 511(23), which was added by the Legislature in 2016 (L 2016, ch 503, § 1 [Nov. 28, 2016] ), that statute does not apply here.

Devine, J.

Lynch, J.P., Mulvey, Aarons and Rumsey, JJ., concur.