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MATTER OF CARVER v. STATE

2009-05414.

87 A.D.3d 25 (2011)

926 N.Y.S.2d 559

2011 NY Slip Op 5493

In the Matter of WALTER E. CARVER, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided June 21, 2011.

Attorney(s) appearing for the Case

Richard D. Lamborn , Bronx, for appellant.

Eric T. Schneiderman , Attorney General, New York ( Benjamin Gutman and Sudarsana Srinivasan of counsel), for respondents.

OPINION OF THE COURT

LOTT, J.

In this proceeding pursuant to CPLR article 78, the petitioner, a former recipient of public assistance, contends that he is entitled to the wage protections of the New York State Minimum Wage Act (Labor Law art 19) and the Federal Fair Labor Standards Act (29 USC § 201 et seq.) for the time he spent performing work activities that were a necessary condition of his receipt of public assistance benefits. We conclude...

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