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MATTER OF BENTON

249 A.D.2d 667 (1998)

671 N.Y.S.2d 202

In the Matter of the Claim of Maureen Benton, Appellant. U.S. Homecare Corporation, Respondent; Commissioner of Labor, Respondent

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

April 9, 1998

Claimant was employed as a live-in aide by the employer, a home health care agency. Her job entailed caring for clients of the agency on a 24-hour, seven-day-a-week basis. Claimant was originally discharged on August 8, 1996, after the employer learned that she had incurred approximately $995 in charges on two of her clients' telephone accounts. While claimant had her clients' permission to use their telephones and had paid the...

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