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MATTER OF LEAZARD

507266.

74 A.D.3d 1414 (2010)

903 N.Y.S.2d 198

In the Matter of the Claim of SHANICK LEAZARD et al., Respondents. TESTQUEST, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided June 3, 2010.

SPAIN, J.

The New York City Department of Education (hereinafter Department) administers supplemental educational services in accordance with the Federal No Child Left Behind program. As an approved provider of such services, TestQuest, Inc. operates pursuant to a contract with the Department and retains tutors, like claimants, who meet with eligible students outside of school hours to conduct lessons in English and mathematics. In separate decisions, the Unemployment...

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