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Matter of Ajello

Appellate Division of the Supreme Court of New York, Third Department
May 15, 1940
259 App. Div. 949 (N.Y. App. Div. 1940)

Opinion

May 15, 1940.

Appeal from Unemployment Insurance Appeal Board.

Present — Hill, P.J., Bliss, Heffernan, Schenck and Foster, JJ.


Appellant operated a restaurant. Prior to the commencement of business in 1937 it secured the services of one Hughie Barrett, an orchestra leader, to assemble an eleven-piece orchestra to furnish dance music at appellant's restaurant. Claimant became a member of this orchestra for this especial engagement. The orchestra was not a permanent organization. The oral arrangement with Barrett was confirmed by appellant in a letter written under date of April 30, 1937. This letter contained the following: "It is understood and agreed that the rules, regulations and laws of the American Federation of Musicians and of Local No. 802 are controlling * * *." The rules and regulations of Local No. 802, in force and effect at the time, provided, under article X, subdivision A, of the by-laws: "Engagements for employment as musicians shall be accepted by members only through such contractors. Musicians employed through such contractors shall be deemed employees of the principals and the contractors shall be deemed the agents of the principals and of the employed musicians in effecting such employment." The Board, therefore, had before it substantial evidence to sustain its finding that claimant was an employee of appellant. Decision unanimously affirmed, with costs to the Industrial Commissioner.


Summaries of

Matter of Ajello

Appellate Division of the Supreme Court of New York, Third Department
May 15, 1940
259 App. Div. 949 (N.Y. App. Div. 1940)
Case details for

Matter of Ajello

Case Details

Full title:In the Matter for Claim under Benefits under Article 18 of the Labor Law…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 15, 1940

Citations

259 App. Div. 949 (N.Y. App. Div. 1940)

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