State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: October 8, 2015 520094
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In the Matter of the Claim of
KIMBERLY MORAVCIK,
Respondent.
GANNETT SATELLITE INFORMATION
NETWORK, INC., Doing
Business as PRESS &
SUN-BULLETIN,
Appellant.
COMMISSIONER OF LABOR,
Respondent.
(Claim No. 1.)
MEMORANDUM AND ORDER
In the Matter of the Claim of
HARRY KOWALSKI,
Respondent.
GANNETT SATELLITE INFORMATION
NETWORK, INC., Doing
Business as USA TODAY,
Appellant.
COMMISSIONER OF LABOR,
Respondent.
(Claim No. 2.)
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In the Matter of the Claim of
KIMBERLY CANNON,
Respondent.
GANNETT SATELLITE INFORMATION
NETWORK, INC., Doing
Business as STAR-GAZETTE,
Appellant.
COMMISSIONER OF LABOR,
Respondent.
(Claim No. 3.)
_______________________________
In the Matter of the Claim of
JOHN ENGERT,
Respondent.
GANNETT COMPANY, INC., Doing
Business as DEMOCRAT AND
CHRONICLE,
Appellant.
COMMISSIONER OF LABOR,
Respondent.
(Claim No. 4.)
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In the Matter of the Claim of
GEORGINA M. KEMP,
Respondent.
GANNETT COMPANY, INC., Doing
Business as DEMOCRAT AND
CHRONICLE,
Appellant.
COMMISSIONER OF LABOR,
Respondent.
(Claim No. 5.)
_______________________________
Calendar Date: September 17, 2015
Before: Peters, P.J., McCarthy, Garry and Rose, JJ.
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Bond, Schoeneck & King, PLLC, Syracuse (Peter A. Jones of
counsel) and The Zinser Law Firm, PC, Nashville, Tennessee (L.
Michael Zinser admitted pro hac vice), for appellant.
Cynthia Feathers, Glens Falls, for Kimberly Moravcik and
others, respondents.
Satterlee Stephens Burke & Burke, LLP, New York City (Mark
A. Fowler of counsel), for New York News Publishers Association,
amicus curiae.
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Eric T. Schneiderman, Attorney General, New York City
(Steven Koton of counsel), for Commissioner of Labor, respondent.
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Peters, P.J.
Appeals from 10 decisions of the Unemployment Insurance
Appeal Board, filed January 23, 2014, January 27, 2014, January
28, 2014 and February 14, 2014, which ruled, among other things,
that Gannett Satellite Information Network, Inc. and Gannett
Company, Inc. are liable for additional unemployment insurance
contributions based upon remuneration paid to claimants and
others similarly situated.
Claimants contracted with either Gannett Satellite
Information Network, Inc. or Gannett Company, Inc. to deliver
newspapers and other publications pursuant to written
distribution agreements. Following claimants' applications for
unemployment insurance benefits, the Unemployment Insurance
Appeal Board ruled that claimants were employees of either
Gannett Satellite or Gannett Company, and assessed those
businesses for additional unemployment insurance contributions on
remuneration paid to claimants and others similarly situated.
These appeals ensued.
We affirm. Upon our review of the records, we find that
the indicia of control retained by Gannett Company and Gannett
Satellite in the contracts with claimants are nearly identical to
the relevant factors identified to establish an employment
relationship in Matter of Armison (Gannett Co., Inc.-Commissioner
of Labor) (122 AD3d 1101, 1102 [2014], lv dismissed 24 NY3d 1209
[2015]) and Matter of Hunter (Gannett Co., Inc.-Commissioner of
Labor) (125 AD3d 1166, 1167 [2015]). As such, we find that
substantial evidence supports the Board's decisions and they will
not be disturbed (see Matter of Race [Gannett Satellite Info.
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Network, Inc.-Commissioner of Labor], 128 AD3d 1130, 1130 [2015];
Matter of Travis [Gannett Satellite Info. Network, Inc.-
Commissioner of Labor], 127 AD3d 1349, 1349 [2015]; Matter of
Gager [Gannett Satellite Info. Network, Inc.-Commissioner of
Labor], 127 AD3d 1348, 1348-1349 [2015]). We have reviewed the
remaining contentions raised by Gannett Company and Gannett
Satellite and find them to be unpersuasive.
McCarthy, Garry and Rose, JJ., concur.
ORDERED that the decisions are affirmed, without costs.
ENTER:
Robert D. Mayberger
Clerk of the Court