Munschauer v. Comm'r Labor (In re Magdylan)

• Decision Date: 30 May 2019
• Docket Number: 526385
• Parties: In the MATTER OF the Claim of Aeyna MAGDYLAN, Respondent. Carol Ann Munschauer, Appellant. v. Commissioner of Labor, Respondent.
• Court: New York Supreme Court — Appellate Division

172 A.D.3d 1832
102 N.Y.S.3d 313

In the MATTER OF the Claim of Aeyna MAGDYLAN, Respondent.

Carol Ann Munschauer, Appellant.
v.
Commissioner of Labor, Respondent.

526385

Supreme Court, Appellate Division, Third Department, New York.

Decided and Entered: May 30, 2019
Calendar Date: April 29, 2019

102 N.Y.S.3d 314

Michael J. Stachowski, Buffalo, for appellant.

Karen A. Leahy, Cortland, for Aeyna Magdylan, respondent.

Before: Egan Jr., J.P., Lynch, Clark, Mulvey and Pritzker, JJ.

MEMORANDUM AND ORDER

Clark, J.

172 A.D.3d 1832

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 26, 2017, which ruled, among other things, that Carol Ann Munschauer was liable for unemployment insurance contributions based upon remuneration paid to claimant and others similarly situated.

Claimant was engaged part time as a bookkeeper and personal assistant for Carol Ann Munschauer, a psychologist.

172 A.D.3d 1833

The Unemployment Insurance Appeal Board determined, among other things, that claimant was an employee of Munschauer and that Munschauer was liable for unemployment insurance contributions on remuneration paid to claimant and others similarly situated. Munschauer appeals.

We affirm. "Whether an employee-employer relationship exists is a factual question to be resolved by the Board and we will not disturb its determination when it is supported by substantial evidence in the record" (Matter of Jennings [American Delivery Solution, Inc.-Commissioner of Labor], 125 A.D.3d 1152, 1152, 3 N.Y.S.3d 209 [2015] [internal quotation marks and citations omitted]; accord Matter of Dillon [Commissioner of Labor], 163 A.D.3d 1307, 1308, 81 N.Y.S.3d 650 [2018] ). "Substantial evidence consists of proof within the whole record of such quality and quantity as to generate conviction in and persuade a fair and detached fact finder that, from that proof as a premise, a conclusion or ultimate fact may be extracted reasonably — probatively and logically" ( Matter of Yoga Vida NYC, Inc. [Commissioner of Labor], 28 N.Y.3d 1013, 1015, 41 N.Y.S.3d 456, 64 N.E.3d 276 [2016] [internal quotation marks, brackets and citation omitted] ). "Although no single factor is determinative, the relevant inquiry is whether the purported employer exercised control over the results produced or the means used to achieve those results, with control over the latter being the more important factor" ( Matter of Link [Cantor & Pecorella, Inc.–Commissioner of Labor], 153 A.D.3d 1061, 1062, 59 N.Y.S.3d 857 [2017] [internal quotation marks and citations omitted], lv dismissed

102 N.Y.S.3d 315

31 N.Y.3d 946, 73 N.Y.S.3d 123, 96 N.E.3d 219 [2018] ; accord Matter of Raupov [Empire City Labs., Inc.-Commissioner of Labor, 155 A.D.3d 1284, 1285, 64 N.Y.S.3d 765 [2017] ).

Claimant was interviewed by Munschauer in 2002 for the position and it was agreed that she would be paid hourly, with the rate of pay to increase every year at a set rate....