Bimbo Foods Bakeries Distribution, Inc. v. Comm'r Labor (In re Cowan), 524951
| Decision Date | 29 March 2018 |
| Docket Number | 524951 |
| Parties | In the MATTER OF the CLAIM OF Walter O. COWAN, Respondent. Bimbo Foods Bakeries Distribution, Inc., Appellant. v. Commissioner of Labor, Respondent. |
| Court | New York Supreme Court — Appellate Division |
159 A.D.3d 1312
73 N.Y.S.3d 653
In the MATTER OF the CLAIM OF Walter O. COWAN, Respondent.
Bimbo Foods Bakeries Distribution, Inc., Appellant.
v.
Commissioner of Labor, Respondent.
524951
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: February 15, 2018
Decided and Entered: March 29, 2018
Kasowitz, Benson, Torres LLP, New York City (James J. Stricker of counsel), for appellant.
Bruce Evans Knoll, Albany, for Walter O. Cowan, respondent.
Eric T. Schneiderman, Attorney General, Albany (Mary Hughes of counsel), for Commissioner of Labor, respondent.
Before: Garry, P.J., Devine, Mulvey and Aarons, JJ.
MEMORANDUM AND ORDER
Devine, J.
Appeals from two decisions of the Unemployment Insurance Appeal Board, filed July 14, 2016, which ruled, among other things, that Bimbo Foods Bakeries Distribution, Inc. was liable for unemployment insurance contributions on remuneration paid to claimant and those similarly situated.
Bimbo Foods Bakeries Distribution, Inc. (hereinafter the company) produces and distributes fresh baked goods under a variety of names and labels to chain stores and restaurants. Claimant entered into a distribution agreement with the company's predecessor in interest and purchased the rights to deliver those products in a specified geographic area. After claimant ceased delivering for the company and sought a determination regarding unemployment insurance benefit coverage, the Department of Labor determined that claimant was an employee of the company and found it liable for additional unemployment insurance contributions. The company disputed the finding, asserting that claimant was an independent contractor. Following a hearing, the Unemployment Insurance Appeal Board ultimately found that an employer-employee relationship existed and sustained the initial determination assessing additional unemployment insurance contributions on remuneration paid to claimant and other similarly situated individuals. The company appeals.
"Whether an employment relationship exists within the meaning of the unemployment insurance law is a question of fact, no one factor is determinative and the determination of the ... [B]oard, if supported by substantial evidence on the record as a whole, is beyond further judicial review even though there is evidence in the record that would have supported a contrary conclusion" ( Matter of Concourse Ophthalmology Assoc. [Roberts], 60 N.Y.2d 734, 736, 469 N.Y.S.2d 78, 456 N.E.2d 1201 [1983] [citations omitted]; see Matter of Empire State Towing & Recovery Assn., Inc. [Commissioner of Labor], 15 N.Y.3d 433, 437, 912 N.Y.S.2d 551, 938...
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