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MATTER OF HODGES (HARTNETT)

171 A.D.2d 206 (1991)

In the Matter of the Claim of Arthur K. Hodges et al., Appellants. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

October 24, 1991

Attorney(s) appearing for the Case

Sargent, Repka & Pino (Nicholas J. Sargent of counsel), for appellants.

Robert Abrams, Attorney-General (Steven A. Segall of counsel), for respondent.

MAHONEY, P. J., CASEY, WEISS and MERCURE, JJ., concur.

CREW III, J.

Arthur K. Hodges is a civil service employee who works as a custodian for the Buffalo City School District.1 Each year the district allocates money to Hodges based upon the total square footage of each school for which he is responsible. He uses that money to pay his salary, to purchase materials and supplies, and to hire employees to assist him in cleaning and maintaining...

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