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ALSTON v. STATE OF NEW YORK

281 A.D.2d 741 (2001)

722 N.Y.S.2d 85

BENJAMIN ALSTON et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 97954.)

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

Decided March 8, 2001.

Crew III, J.

In November 1991, claimant Benjamin Alston and 102 others similarly situated brought an action against the State in the United States District Court for the Northern District of New York pursuant to the Fair Labor Standards Act of 1938 (29 USC § 201 et seq. [hereinafter FLSA]) seeking to recover for overtime allegedly worked during 1989 and 1990. In 1997, the District Court granted the State's motion to dismiss the claim based upon the United...

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