In re Kim
| Decision Date | 23 April 2015 |
| Docket Number | 519270. |
| Citation | 2015 N.Y. Slip Op. 03438,6 N.Y.S.3d 151,127 A.D.3d 1487 |
| Parties | In the Matter of the Claim of June–Il KIM, Respondent. SUK Incorporated, Doing Business as Rainbow Limousine, Appellant. Commissioner of Labor, Respondent. |
| Court | New York Supreme Court — Appellate Division |
127 A.D.3d 1487
6 N.Y.S.3d 151
2015 N.Y. Slip Op. 03438
In the Matter of the Claim of June–Il KIM, Respondent.
SUK Incorporated, Doing Business as Rainbow Limousine, Appellant.
Commissioner of Labor, Respondent.
519270.
Supreme Court, Appellate Division, Third Department, New York.
April 23, 2015.
Dawn M. Cardi & Associates, New York City (Chad L. Edgar of counsel), for appellant.
Bidol–Lee Law, P.C., Ridgewood, New Jersey (HyoSung Bidol–Lee of counsel), for June–Il Kim, respondent.
Before: McCARTHY, J.P., EGAN JR., DEVINE and CLARK, JJ.
Opinion
EGAN JR., J.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 27, 2013, which ruled that claimant was eligible to receive unemployment insurance benefits.
SUK Incorporated operates a black car limousine business that transports clients in and around New York City. Claimant worked for SUK for several years and, after he was terminated in 2010, applied for unemployment insurance benefits. The Department of Labor concluded that claimant's base period employment with SUK was not covered employment under Labor Law § 511 because there was insufficient evidence to establish that an employment relationship existed between SUK and claimant. The Unemployment Insurance Appeal Board ultimately disagreed and found that, because claimant was an employee of SUK, he was eligible to receive benefits. SUK now appeals.
We affirm. It is well settled that “the existence of an employment relationship is a factual issue for the Board to decide and its decision will be not disturbed if supported by substantial evidence” (Matter of Anwer [Exclusive Fragrance & Cosmetics, Inc.-Commissioner of
Labor], 114 A.D.3d 1114, 1115, 981 N.Y.S.2d 186 [2014] ; see Matter of Empire State Towing & Recovery Assn., Inc. [Commissioner of...
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