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MATTER OF MACKEY

517750

120 A.D.3d 1493 (2014)

992 N.Y.S.2d 376

2014 NY Slip Op 06226

In the Matter of AMOS E. MACKEY, Respondent. PROMETRIC INC., Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 18, 2014.

Prometric Inc. is a provider of testing and assessment services, and had a contract with New York to evaluate candidates wishing to become certified nursing assistants. Prometric entered into consulting and service agreements with individuals known as nurse aide evaluators (hereinafter NAEs) to proctor the written tests and administer the practical skills examinations given to these candidates. NAEs were required to be registered nurses in good standing in New York with at...

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