MATTER OF CLAIM OF ALEGRIA

515783.

107 A.D.3d 1290 (2013)

969 N.Y.S.2d 178

2013 NY Slip Op 4681

In the Matter of the Claim of THERESA M. ALEGRIA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 20, 2013.


Claimant worked part time as a direct care counselor at an independent living group home for disabled adults. On July 25, 2011, claimant was working an overnight shift as a substitute counselor with another counselor. Her duties included that she stay awake for the entire shift, conduct bed checks on the residents every 15 minutes and perform certain household chores, including laundry. At approximately 4:00 a.m., an assistant

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