IN THE MATTER OF EMERY v. MEMORIAL SLOAN KETTERING CANCER CTR.

508585.

2010 NY Slip Op 06333

IN THE MATTER OF THE CLAIM OF JEAN M. EMERY, Respondent. AND MEMORIAL SLOAN KETTERING CANCER CENTER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided August 5, 2010.


Attorney(s) appearing for the Case

Garfunkel, Wild & Travis, P.C., Great Neck (Leonard M. Rosenberg of counsel), for appellant.

Victor M. Serby, Woodmere, for Jean M. Emery, respondent.

Before: Peters, J.P., Rose, Malone Jr., Stein and Garry, JJ.


MEMORANDUM AND ORDER

Claimant worked as a per diem clinical registered nurse who provided supplemental coverage in the presurgical unit for the employer. In June 2007, the employer implemented a policy change that required nurses to acknowledge that they had witnessed patients sign an informed consent form, regardless of whether they actually witnessed the signature or simply confirmed the signature with the patient after the fact. Claimant, also an attorney, expressed...

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