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MATTER OF HERTZ CORP. v. COMMISSIONER OF LABOR

2 N.Y.3d 733 (2004)

811 N.E.2d 5

778 N.Y.S.2d 743

In the Matter of HERTZ CORPORATION, Appellant. COMMISSIONER OF LABOR, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 2004.

Attorney(s) appearing for the Case

Akin Gump Strauss Hauer & Feld, LLP, New York City (Jonathan L. Sulds and Lori J. Pennay of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Steven Segall, Caitlin J. Halligan, Peter H. Schiff, M. Patricia Smith and Steven Koton of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur in memorandum; Judge Graffeo taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court with directions to remand to respondent for further proceedings in accordance with this memorandum.

Claimant was engaged by STARS (Special Travel Agency Representative Service Network), a marketing organization operated by Hertz Corporation. She visited travel agencies to

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