Matter of Debora (Legal Interpreting Servs., Inc.--Commissioner of Labor) (2022 NY Slip Op 00228) Matter of Debora (Legal Interpreting Servs., Inc.--Commissioner of Labor) 2022 NY Slip Op 00228 Decided on January 13, 2022 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided and Entered:January 13, 2022 531878 [*1]In the Matter of the Claim of Fausto Debora, Respondent. Legal Interpreting Services, Inc., Appellant. Commissioner of Labor, Respondent. Calendar Date:November 15, 2021 Before:Egan Jr., J.P., Lynch, Clark, Aarons and Pritzker, JJ. Greenberg Traurig, LLP, New York City (Jerrold F. Goldberg of counsel), for appellant. Salvatore C. Adamo, Albany, for Fausto Debora, respondent. Letitia James, Attorney General, New York City (Linda D. Joseph of counsel), for Commissioner of Labor, respondent. Clark, J. Appeals from two decisions of the Unemployment Insurance Appeal Board, filed February 3, 2020, which ruled, among other things, that Legal Interpreting Services, Inc. was liable for unemployment insurance contributions on remuneration paid to claimant and others similarly situated. Legal Interpreting Services, Inc. (hereinafter LIS) provides foreign language interpreting services, among other services, to its clients, including the US Immigration and Customs Enforcement Agency (hereinafter ICE), and, to that end, maintains a database of individual linguists, such as claimant. Claimant applied for unemployment insurance benefits in January 2017, and the Unemployment Insurance Appeal Board ultimately determined that claimant was an employee of LIS and that LIS was liable for remuneration paid to him and others similarly situated, effective at least the first quarter of 2014. LIS appeals. "It is well[]settled that whether an employment relationship exists within the meaning of the unemployment insurance law is a question of fact, no one factor is determinative and the determination of the . . . [B]oard, if supported by substantial evidence on the record as a whole, is beyond further judicial review even though there is evidence in the record that would have supported a contrary decision" (Matter of Empire State Towing & Recovery Assn., Inc. [Commissioner of Labor], 15 NY3d 433, 437 [2010] [internal quotation marks, brackets and citations omitted]; accord Matter of Lowry [Uber Tech., Inc.-Commissioner of Labor], 189 AD3d 1863, 1863 [2020], lv dismissed 37 NY3d 1045 [2021]). Although "no single factor is determinative, control over the results produced or the means used to achieve those results are pertinent considerations, with the latter being more important" (Matter of Lee [AXA Advisors LLC-Commissioner of Labor], 196 AD3d 975, 976 [2021] [internal quotation marks and citations omitted]; see Matter of Rodriguez [Penn Mut. Life Ins. Co.-Commissioner of Labor], 193 AD3d 1190, 1191 [2021]). "Further, an organization [that] screens the services of professionals, pays them at a set rate and then offers their services to clients exercises sufficient control to create an employment relationship" (Matter of Millennium Med. Care, P.C. [Commissioner of Labor], 175 AD3d 755, 757 [2019] [internal quotation marks and citations omitted]; accord Matter of Bin Yuan [Legal …
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