MATTER OF BURKE


104 A.D.2d 702 (1984)

In the Matter of the Claim of Dolores G. Burke, Respondent. Glover Bottled Gas Corporation, Appellant; Lillian Roberts, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 20, 1984


Claimant worked in several capacities, initially as an hourly employee, then as an office manager in the customer service department, and finally, in February of 1981, in a new position in the area of sales and service. The duties of this latter position are in controversy. Claimant testified that she worked in a supervisory capacity, while the employer insists her position was merely clerical, i.e., a senior sales clerk. There was no written job description for either a...

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