179 A.D.2d 949 | N.Y. App. Div. | 1992
We affirm. In our view, the testimony of claimant and Manzi provided substantial evidence to support the Board’s conclusion that claimant was CDS’ employee. This evidence provided the requisite element of control over claimant’s actions to establish an employment relationship (see, e.g., Matter of Harvey v Allegany Timber & Land Co., 162 AD2d 775; Matter of Mintiks v Metropolitan Opera Assn., 153 AD2d 133, 136, appeal dismissed 75 NY2d 1005). While there was also other evidence presented which could have supported a conclusion that claimant was Manzi Taxi’s employee or an independent contractor, the resolution of these factual issues
The remaining issues raised have been reviewed and found to be similarly unpersuasive. We reject CDS’ contention that the Board’s decision deprived it of due process. The choice of CDS as claimant’s employer in no way financially benefited the Board as alleged by CDS.
Weiss, Levine, Mercure and Mahoney, JJ., concur. Ordered that the decisions and amended decision are affirmed, without costs.