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  5. 232 A.D.2d 804 (1996)
 

MATTER OF JOYNER

232 A.D.2d 804 (1996)

649 N.Y.S.2d 346

In the Matter of the Claim of Brenda Joyner, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

October 17, 1996

Claimant was employed as a theater staff supervisor by the Brooklyn Academy of Music from October 1987 to December 1994. One of her duties was overseeing the scheduling and assignment of ushers employed at various performances, including selecting the ushers to work at the concession stand for extra pay during intermissions. Claimant routinely accepted $2 per assignment from every usher she selected for this extra work. In November...

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