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MATTER OF SMITH

515773.

109 A.D.3d 1058 (2013)

972 N.Y.S.2d 347

2013 NY Slip Op 6044

In the Matter of the Claim of PETER W. SMITH, Respondent. THE COLLEGE NETWORK INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided September 26, 2013.

The College Network Inc. (hereinafter TCN) is a corporation that sells educational materials to individuals for personal study from home to enable them to obtain college credits through testing. TCN retained representatives like claimant — called program advisors — for the purpose of promoting and selling such materials to prospective customers. After claimant ceased working for TCN, he filed a claim for unemployment insurance benefits. Based upon information...

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