Commissioners of The State Insurance Fund v. Harry’s Nurses Registry, Case #406555/07

 

 

Milton A. Tingling, Jr.

Born: 1954

Education:       Brown University (B.A.)

North Carolina Central University School of Law (J.D.)

 

 

Milton A. Tingling, Jr. is a former justice for the New York County Supreme Court, Civil Term in the 1st Judicial District of New York. He was elected to this position in 2001. He retired from the court on December 31, 2014, to become the New York County Clerk. Milton Adair Tingling grew up and still lives on Riverside Drive in Washington Heights, the middle child of a city lawyer-turned-judge, Milton F. Tingling, who died in 1987. His mother Eunice, 94, a schoolteacher from a long line of teachers, still lives nearby.

 

Commissioners of The State Insurance Fund V Harry’s Nurses Registry, Inc., Case #406555/07

 

Comm’rs of the State Ins. Fund v. Harry’s Nurses Rhgistry, Inc.

 

 

COMMISSIONERS OF THE STATE INSURANCE FUND V HARRY’S NURSES REGISTRY, INC., Case #406555/07 – HARRY’S NURSES ARE INDEPENDENT CONTRACTORS

 

Case #406555/07 Judge Tingling – Case #406555/07: 1. 27,000 short premium is out the state insurance fund policy was from 2/7/2006 to 6/19/2007. Therefore the policy was more than a year. The short premium rate is not applicable in this case. 2. Judge Tingling’s interpretations of 11 employees earned a total of $301,280 (see Plaintiff exhibit B, p4). 2a. The defendant in fact employed numerous independent contractors who were paid an aggregate of $2,457,483 from Feb 7 to June 30, 2006.Based on the judicial interpretation. The field nurses as an independent contractor under the New York state law and Harry’s worker’s compensation obligation was limited to the 11 persons working daily in the office on staff as salaried employees. 3. The state insurance fund policy from 2/7/2006 to 6/19/2007, the AIG insurance policies started from 5/27/2007 to 5/27/2008. Judge Tingling interpretation from 5/27/2007 to 6/19/2007. There was double coverage for 23 days for w2’s and 1099’s which equaled to an amount that does not qualify for a premium. The policy was more than a year which should be canceled automatically when the letter was received on 5/27/2007 from AIG. (when they said they had the policies that started 5/27/2007. According to Judge Tingling and based on the letter from New York State Insurance Fund, Workers Comp is not required for 1099 nurses. NY State Insurance Fund NY State Insurance Fund 2 Malicious Prosecution 4. According to Judge Tingling, the plaintiff’s motion for summary judgment was denied in its entirety. The plaintiff’s case has no merits.

 

Case #406555/07 Judge Tingling – Case #406555/07 was sent for trial; however, Attorney Finkle reversed his decision by giving an additional $180,000 to the state insurance board.

 

 
NOTICE OF DEFAULT ON COMMISSIONERS OF THE STATE INSURANCE FUND VS HARRY’S NURSES REGISTRY, INC. INDEX NO. 406555/07

IMGAE

 

RULED AS INDEPENDENT CONTRACTOR.

 

Attorney Richard A. Finkel acts an inappropriate way while he was responsible to work for the defendant as an attorney. He reversed the Honorable judge Milton A. Tingling’s decision by adding $180,000 for the state insurance funds. This conduct is a misinterpretation and misrepresentation by the attorney Finkel because of the fact that nurses at Harry’s Nurses Registry are independent contractors and not entitled to pay workers compensation. Read the letter here

Unemployment insurance:

 

According to the state judges, nurses that work for Harry’s Nurses Registry Inc. are an independent contractor. All the rulings are given the following:

 

Judge Jean Bell

According to Judge Jean Bell who is the Administrative Law Judge at New York State Department of Labor, the credible evidence establishes that the employer did not exercise sufficient supervision, direction, or control over the services performed by the nurses to establish their status as employees. Although the nurses registered with the employer, however, the department of education can grant or revoke the privileges to the nurses. While the hospital and nursing home decides the rate of pay, hours, and duties of nurses. In addition, the doctors from the hospital and nursing homes are responsible to provide guidance and instructions to the nurses and supervise the performance during their work. The nurses are free to work at their own job or for competing employers and agencies.

 

Ruling by Jean Bell

 

Ruling by Judge

 

According to Judge Manuel Marks who is the administrative law judge, find the nurses as independent contractors. 

 

Federal Judge Marks 50 Years on the Bench

The agency is an employment agency providing primarily nurses and licensed practical to hospitals, nursing homes and private individuals. The agency places advertisements soliciting in the newspaper’s qualifications interest from nurses and licensed practical nurses. Once the agency has established the of such individuals responding to the advertisements, the agency those individuals are then registered with the agency . When a hospital, nursing home, or private individual requests for example a nurse from the retain, the agency provides a list to the hospital of likely candidates and the hospital can then choose who to through from the list. The agency then negotiates a fee for the chosen candidate. The individual then is paid homes or with the agency. The agency provides no supervision to those from the list placed at hospitals, nursing the private individuals. Supervision can be or is provided by the facilities or individuals those from my list are placed wit:1. Those on the list provide their own transportation and supplies and are not reimbursed agency the agency can work for with any expenses. The agency provides no training or instruction. Those registered with the other agencies at the same time as they_are working with the agency herein.

 

 

Nurses are independent contractor under Medicaid regulation

 

Petition: Harry’s Nurses Registry v. New York Department of Labor