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STRAUSS v. DEPT. OF EDUC.

26 A.D.3d 67 (2005)

805 N.Y.S.2d 704

SUZANNE R. STRAUSS, Appellant, v. NEW YORK STATE DEPARTMENT OF EDUCATION et al., Respondents.

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

December 15, 2005.

Attorney(s) appearing for the Case

Tobin & Dempf, L.L.P., Albany (Kevin A. Luibrand of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh of counsel), for New York State Department of Education and another, respondents.

Peter Henner, Clarksville, for Edward Drago, respondent.

CREW III, J.P., PETERS, CARPINELLO and KANE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Plaintiff was an employee of defendant State Education Department (hereinafter SED) whose job responsibilities between 1995 and 2002 included reviewing and approving certain aspects of the apprenticeship programs established under Labor Law article 23. By statute, SED and defendant Department of Labor (hereinafter DOL) share the role of administering these programs (see

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