New York Court of Appeals

In the Matter of Concourse Ophthalmology Associates, P. C., Lillian Roberts, as Commissioner of Labor

October 18, 198360 N.Y.2d 734

Summary

The New York Court of Appeals affirmed the Appellate Division's determination that the ophthalmologists, optometrists, and medical photographer were employees for unemployment insurance purposes. The Court held that the employment relationship question is a factual one reviewed for substantial evidence, and the board's finding was supported by such evidence.