MATTER OF VAKSMAN


304 A.D.2d 1027 (2003)

757 N.Y.S.2d 388

In the Matter of the Claim of REGINA A. VAKSMAN, Respondent. LENOX HILL RADIOLOGY AND MEDICAL ASSOCIATES PC, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided April 17, 2003.


Upon being hired as a full-time ultrasound technician for a medical center, claimant signed a letter which indicated that the position required that she be certified by the American Diagnostic Society in order to maintain her employment position. Claimant testified that she needed to pass two parts of the test in order to be certified. Although claimant twice took a part of the certification test, she failed to pass. When she informed the employer, claimant was placed on...

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