IN THE MATTER OF CLAIM OF DI MAIO


12 A.D.3d 756 (2004)

783 N.Y.S.2d 731

In the Matter of the Claim of JOSEPH V. DI MAIO, Appellant. COMMISSIONER OF LABOR, Respondent. (And Four Related Claims.)

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

November 4, 2004.


Lahtinen, J.

Claimants were employed as pari-mutuel betting clerks by the New York State Racing Association (hereinafter NYRA). As part of their duties, they received money from racetrack patrons to place bets and paid out money on winning tickets. They maintained cash boxes and were responsible for making sure at the end of each day that the cash balances were accurate. If the balances were not accurate, either because claimants had made a mistake or had taken a...

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