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IN THE MATTER OF VARGAS

18 A.D.3d 994 (2005)

795 N.Y.S.2d 144

In the Matter of the Claim of JAIME D. VARGAS, Respondent. METROPOLITAN CABLE COMMUNICATIONS, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

May 12, 2005.

Rose, J.

Metropolitan Cable Communications, Inc. (hereinafter MCC) provides workers to Time Warner Cable, Inc. (hereinafter TWC) to install TWC's cable lines, converters and cable boxes on the premises of TWC's customers. Claimant, a cable installer for MCC, filed for unemployment insurance benefits when he stopped receiving TWC work assignments. The Department of Labor determined, among other things, that claimant was an

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