Matter of Mayo (Epstein--Commissioner of Labor)
Geraldine M. Mayo filed a claim for unemployment insurance benefits after her employment as a property manager for Stephen P. Epstein, a court-appointed receiver, concluded. The Department of Labor initially determined that Mayo was an employee of Epstein in his capacity as receiver, a finding upheld by an Administrative Law Judge and the Unemployment Insurance Appeal Board. The Appellate Division, Third Department, affirmed the Board's decision. The court found substantial evidence to support the finding of an employer-employee relationship, noting Epstein's control over Mayo's tasks, the need for his approval for significant management decisions, and his handling of property expenses. The court also rejected Epstein's argument that deeming a receiver an employer impinged upon judicial authority or public policy, citing Labor Law § 512 (1).