Matter of Villa Maria Inst. of Music
Cases that cite this one
35 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Yoga Vida NYC, Inc. v. Commissioner of Labor (N.Y. 2016)
- Voltaire v. Home Services Systems, Inc. (District Court, E.D. New York 2011)
- The Matter of the Claim of Luis A. Vega v. Postmates Inc (N.Y. 2020)
- Tagare v. NYNEX Network Systems Co. (District Court, S.D. New York 1997)
- Dortz v. City of New York (District Court, S.D. New York 1995)
- Alie v. Nynex Corp. (District Court, E.D. New York 1994)
- Goyette v. DCA Advertising Inc. (District Court, S.D. New York 1993)
- IBM Poughkeepsie Employees Federal Credit Union v. Cumis Insurance Society, Inc. (District Court, S.D. New York 1984)
- Matter of Dorsey (NY Go Express Inc.--Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2021)
- Matter of Murray (TN Couriers LLC--Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Cowan (Bimbo Foods Bakeries Distrib., Inc.--Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2018)
- Artis v. Random House, Inc. (New York Supreme Court 2011)
- Bartle v. Mercado (Appellate Division of the Supreme Court of New York 1997)
- Foley v. Mobil Chemical Co. (New York Supreme Court 1996)
- In re the Claim of Mydland (Appellate Division of the Supreme Court of New York 1995)
- In re the Claim of Bakal (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Kearsh (Appellate Division of the Supreme Court of New York 1992)
- In re the Claim of Clorfeine (Appellate Division of the Supreme Court of New York 1992)
- In re Cameryn Entertainment Co. Inc. (Appellate Division of the Supreme Court of New York 1991)
- In re the Claim of O'Connor (Appellate Division of the Supreme Court of New York 1990)
- In re New York Philomusica Chamber Ensemble (Appellate Division of the Supreme Court of New York 1990)
- In re the Claim of Kelley (Appellate Division of the Supreme Court of New York 1990)
- In re the Claim of Bailey (Appellate Division of the Supreme Court of New York 1987)
- Samper v. University of Rochester Strong Memorial Hospital (New York Supreme Court 1987)
- In re the Claim of Rivera (N.Y. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
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 NY 167,172; see Matter of Liberman v Gallman, 41 NY2d 774, 778). All aspects of the arrangement must lie examined to determine whether the degree of control and direction reserved to the employer establishes an employment relationship (Matter of Morton, 284 NY, at p 173, supra; Matter of Liberman v Gallman, 41 NY2d, at p 778, supra; cf. *693 Matter of Wittenstein v Fugazy Cont. Corp., 59 AD2d 249, mot for Iv to app den, 43 NY2d 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 NY2d 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 NY 654, 656).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.