MATTER OF CEDRONE

506367

69 A.D.3d 1251 (2010)

896 N.Y.S.2d 481

2010 NY Slip Op 605

In the Matter of the Claim of CAROL CEDRONE, Appellant. WARREN COUNTY HEAD START ACC CHILDCARE CENTER, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided January 28, 2010.


Claimant worked as the lead teacher in charge of the infant room of a day-care facility. As part of her duties, claimant was responsible for ensuring that, in the event of an emergency, all children in the classroom were evacuated to the gymnasium. On February 7, 2008, the facility fire alarm went off due to a fire in the building's kitchen. It is undisputed that, in the course of evacuating her classroom during the fire alarm, claimant left a child behind in violation of...

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