In the Matter of the Claim of Margaret B. Morton. Frieda S. Miller, as Industrial Commissioner, Appellant; Spirella…

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Unemployment Insurance Appeal Board's determination that the claimant was an employee, not an independent contractor, for purposes of unemployment insurance benefits. The court based its decision on the extensive control the employer exercised over the claimant's work, as reflected in the contract and actual practices.