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MATTER OF KELLY

65 A.D.3d 1405 (2009)

885 N.Y.S.2d 549

In the Matter of RICHARD M. KELLY, Appellant. A-1 TECHNOLOGY, INC., Respondent. COMMISSIONER OF LABOR, Respondent.

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

Decided September 17, 2009.

Claimant worked as a client relationship manager for a software development company from May 2006 until September 2007. He initially entered into a contract with the company under which he was to be paid on a commission basis with a $4,000 monthly draw. That arrangement was changed in November 2006 at which time the monthly draw was eliminated after claimant was absent from work and nonresponsive to clients. Claimant continued...

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