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Matter of Villa Maria Institute of Music

Court of Appeals of the State of New York
Jul 6, 1981
54 N.Y.2d 691 (N.Y. 1981)

Summary

holding that court looks to degree of control and direction reserved to employer, in determining existence of employment relationship

Summary of this case from Monastra v. Nynex Corp.

Opinion

Argued June 8, 1981

Decided July 6, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Raymond V. Wylegala for appellant.

Robert Abrams, Attorney-General (Peter Crary, Shirley Adelson Siegel, Paul S. Shemin and Iris A. Steel of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

There was substantial evidence in the record to support the determination of the Unemployment Insurance Appeal Board that an employment relationship existed between the Villa Maria Institute of Music and the instructors. Whether an employment relationship exists necessarily is a question of fact, involving a determination of "the existence of a right of control over the agent in respect of the manner in which his work is to be done" (Matter of Morton, 284 N.Y. 167, 172; see Matter of Liberman v Gallman, 41 N.Y.2d 774, 778). All aspects of the arrangement must be examined to determine whether the degree of control and direction reserved to the employer establishes an employment relationship (Matter of Morton, 284 N.Y., at p 173, supra; Matter of Liberman v Gallman, 41 N.Y.2d, at p 778, supra; cf. Matter of Wittenstein v Fugazy Cont. Corp., 59 A.D.2d 249, mot for lv to app den, 43 N.Y.2d 648).

Contrary to petitioner's argument, the record as a whole provides sufficient support for the board's determination. While there was evidence from which a contrary conclusion could have been drawn, the board was not required to accept petitioner's characterization of the instructors as independent contractors (see Matter of MNORX, Inc. [ Ross], 46 N.Y.2d 985, 986; Matter of Liberman v Gallman, supra, at p 779). The conclusion that evidence exists to sustain the determination ends the judicial inquiry (see Matter of Burger [ Corsi], 303 N.Y. 654, 656).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order affirmed.


Summaries of

Matter of Villa Maria Institute of Music

Court of Appeals of the State of New York
Jul 6, 1981
54 N.Y.2d 691 (N.Y. 1981)

holding that court looks to degree of control and direction reserved to employer, in determining existence of employment relationship

Summary of this case from Monastra v. Nynex Corp.

affirming Board finding of employment status

Summary of this case from Thomas v. Meyers Assocs., L.P.

In Matter of Villa Maria Inst. of Music v Ross (54 N.Y.2d 691) the Court of Appeals noted that the most important factor in determining the employer/employee relationship is the power to control the work of the individual.

Summary of this case from Samper v. Rochester Univ
Case details for

Matter of Villa Maria Institute of Music

Case Details

Full title:In the Matter of VILLA MARIA INSTITUTE OF MUSIC, Appellant. PHILIP ROSS…

Court:Court of Appeals of the State of New York

Date published: Jul 6, 1981

Citations

54 N.Y.2d 691 (N.Y. 1981)
442 N.Y.S.2d 972
426 N.E.2d 466

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