Appellate Division of the Supreme Court of the State of New York January 5, 2012 (Claim of Jennings v. Avanti Express, Inc.)

Garry, J.

Whether an employer-employee relationship exists is a factual issue to be resolved by the Board and such determination will be upheld if substantial evidence exists in the record to support it (see Matter of Duma v Baca, 83 AD3d 1228, 1228 [2011]; Matter of Brown v City of Rome, 66 AD3d 1092, 1092 [2009]; Matter of Ellingwood v Liberty Group Publ., Inc., 38 AD3d 1108, 1109 [2007]).