55 A.D.2d 789 | N.Y. App. Div. | 1976
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 19, 1975, which reversed the decision of a referee and sustained the initial determination of the Industrial Commissioner holding the claimant eligible to receive benefits without disqualifying conditions and finding that claimant was an employee of the appellant, W. R. Blake & Sons, Inc., and not an independent contractor. Appellant, W. R. Blake & Sons, Inc., operating a real estate brokerage business, engaged the services of claimant Vincent J. Schlicker (hereafter claimant) as a real estate salesman from March, 1972 through March, 1974 on a commission basis. Claimant obtained a real estate broker’s license on December 18, 1973, but his duties and relationship to appellant remained the same. On this appeal appellant claims there is no substantial evidence to sustain the board’s finding that claimant was an employee of appellant and that the board relied upon an erroneous interpretation of section 440 et seq. of article 12-A of the Real Property Law relating to the licensing of real estate brokers and salesmen. We disagree. The board found that appellant trained claimant in sales techniques; required claimant to work in the office from 10:00 a.m. to 5:00 p.m. six days per week, unless he had business appointments elsewhere; that claimant was not permitted to work as a salesman for another broker without appellant’s consent; that appellant frequently required claimant to canvass specific geographical areas in order to obtain new listing of homes for sale; that appellant gave claimant business cards with appellant’s and claimant’s name thereon; that appellant required claimant to attend weekly sales meetings in appellant’s office where claim