In re the Claim of Chmiel, 236 A.D.2d 686 (N.Y. App. Div. 1997). · Go Syfert
In re the Claim of Chmiel, 236 A.D.2d 686 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
13 citation events (12 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Schalberg (Broadway Pops Intl., Inc.--Commissioner of Labor)
N.Y. App. Div. · 2022 · confidence medium
Prods. [Commissioner of Labor] , 267 AD2d 656, 656 [3d Dept 1999]; Matter of Chmiel [Magno Sound-Sweeney] , 236 AD2d 686, 687 [3d Dept 1997).
discussed Cited as authority (rule) Matter of Geneva Worldwide, Inc. (Commissioner of Labor)
N.Y. App. Div. · 2022 · confidence medium
Similarly, the Board's interpretation of a statute that it is charged with administering will be upheld if such interpretation is rational ( see Matter of Chmiel [Magno Sound-Sweeney] , 236 AD2d 686, 687 [1997]; Matter of Hodges [Hartnett] , 171 AD2d 206, 208 [1991], lv denied 79 NY2d 753 [1992]).
discussed Cited as authority (rule) Matter of Skytown Entertainment, LLC (Commissioner of Labor)
N.Y. App. Div. · 2020 · confidence medium
Pursuant to Labor Law § 511 (1) (b) (1-a), the term "employment" includes "any service by . . . a person otherwise engaged in the performing arts, and performing services as such for . . . a film production . . . unless, by written contract, such . . . person is stipulated to be an employee of another employer covered by this chapter" ( see Matter of Coming Soon LLC [Commissioner of Labor] , 128 AD3d 1299 , 1300 [2015], lv denied 26 NY3d 913 [2015]; Matter of Chmiel [Magno Sound-Sweeney] , 236 AD2d 686, 686 [1997]; see generally Matter of Mid Am.
discussed Cited as authority (rule) Matter of Women's Project & Prods., Inc. (Commissioner of Labor)
N.Y. App. Div. · 2020 · confidence medium
WPP does not dispute that the workers in each of the contested categories (artistic advisors, casting directors, designers, directors/choreographers and lab artists) provided various services for WPP in its capacity as a theatre company and, in so doing, were engaged in the performing arts by virtue of the artistic or technical skill and/or expertise that they provided — be it casting suitable actors for WPP's productions, directing the actors on stage, choreographing their movements or designing costumes, lighting, scenery and sound for the productions ( compare Matter of Coming Soon LLC [C…
discussed Cited as authority (rule) Matter of Minefee (United Stas. Radio Networks, Inc.--Commissioner of Labor) (2×)
N.Y. App. Div. · 2018 · confidence medium
Pursuant to Labor Law § 511 (1) (b) (1-a), "[e]mployment" is defined for unemployment insurance purposes to include "any service . . . as . . . a person otherwise engaged in the performing arts, and performing services as such for . . . a radio station or network." A person is "[e]ngaged in the performing arts" when he or she is "performing services in connection with the production of or performance in any artistic endeavor which requires artistic or technical skill or expertise" (Labor Law § 511 [1] [b] [1-a]). "[T]he legislative intent behind the statute . . . is to extend the availabilit…
discussed Cited as authority (rule) In re Coming Soon LLC
N.Y. App. Div. · 2015 · confidence medium
Thus, the Board rationally concluded that the individuals in question were employed by Coming Soon (see Matter of Chmiel [Magno Sound —Sweeney], 236 AD2d 686, 687 [1997]; Matter of Denny Nash, Inc. [Hartnett], 177 AD2d 870, 871 [1991]).
discussed Cited as authority (rule) In re Coming Soon LLC
N.Y. App. Div. · 2015 · confidence medium
Thus, the Board rationally concluded that the individuals in question were employed by Coming Soon (see Matter of Chmiel [Magno Sound —Sweeney], 236 AD2d 686, 687 [1997]; Matter of Denny Nash, Inc. [Hartnett], 177 AD2d 870, 871 [1991]).
discussed Cited as authority (rule) Fouchecourt v. Metropolitan Opera Ass'n
S.D.N.Y. · 2008 · confidence medium
In In re Chmiel, the Third Department considered the parallel language in the New *635 York Labor Law applicable to unemployment insurance, which provides that a person is an “employee” for purposes of receiving unemployment insurance benefits if he or she provides sendees “as a professional musician or a person otherwise engaged in the performing arts, and performing services as such for a television or radio station or network, a film production, a theatre, hotel, restaurant, night club or similar establishment.” 236 A.D.2d 686 , 653 N.Y.S.2d 445, 446 (3d Dep’t 1997) (quoting N.Y.
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Pamela C. Chmiel, Magno Sound, Inc., Appellant John E. Sweeney, as Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Feb 6, 1997.
236 A.D.2d 686
Carpinello.
Cited by 9 opinions  |  Published
Carpinello, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 20, 1995, which assessed Magno Sound, Inc. for additional unemployment insurance contributions based upon remuneration paid to claimant and others similarly situated.

Magno Sound, Inc. operates a sound and video company and provides services such as film mixing, dailies transfers and audio transfers to film producers. It was retained by I.Q. Productions, a subsidiary of Paramount Pictures, to transfer and sync dailies needed for editing the movie "I.Q.” In connection with this assignment, Magno Sound hired claimant, a film editor, to perform these services. After the assignment ended, claimant applied for and received unemployment insurance benefits. In addition, Magno Sound was assessed additional unemployment insurance contributions based on claimant’s services and those of others similarly situated. Following a hearing, the Unemployment Insurance Appeal Board upheld the assessment, finding that claimant was a statutory employee of Magno Sound under Labor Law § 511 (1) (b) (1-a). Magno Sound appeals.

Labor Law § 511 (1) (b) (1-a) provides that a person is an employee for purposes of receiving unemployment insurance if he or she performs services: "as a professional musician or a person otherwise engaged in the performing arts, and performing services as such for a television or radio station or network, a film production, a theatre, hotel, restaurant, night club or similar establishment.” Magno Sound argues that the Board misconstrued this statute in finding that claimant was its employee and not an independent contractor. We disagree.

[*687] It is well settled that deference should be given to the Board’s interpretation of a statute it is charged with administering as long as that interpretation is rational (see, Matter of Hodges [Hartnett], 171 AD2d 206, 208, lv denied 79 NY2d 753). In the case at hand, claimant’s services certainly required "artistic or technical skill or expertise” and, therefore, she was clearly "engaged in the performing arts” within the meaning of Labor Law § 511 (1) (b) (1-a). Although Magno Sound argues that it is not a type of business enumerated in the statute, the statute provides that it applies to services performed for "a film production” (Labor Law § 511 [1] [b] [1-a]). Claimant indisputably provided her services in connection with the production of a movie. Inasmuch as it was Magno Sound which retained claimant to provide such services, we find that the Board rationally concluded that claimant was its employee under Labor Law § 511 (1) (b) (1-a). This construction is consistent with the legislative intent behind the statute which is to extend the availability of unemployment insurance and workers’ compensation benefits to those in the performing arts (see, Bill Jacket, L 1986, ch 903). Accordingly, the Board’s decision must be upheld.

Crew III, J. P., Casey, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.