MATTER OF O'TOOLE


13 A.D.3d 767 (2004)

786 N.Y.S.2d 606

In the Matter of the Claim of PETER T. O'TOOLE, Respondent. BIOMET MARX & DIAMOND, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

December 9, 2004.


Peters, J.P.

Biomet Marx & Diamond, Inc. is a corporation that distributes medical supplies manufactured by three different companies, two of which are affiliated with Biomet. Claimant was hired by Biomet as a sales representative and worked for the company for approximately a year and a half. After his employment ended, he filed a claim for unemployment insurance benefits. As a result, the Department of Labor issued an initial determination assessing Biomet additional...

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