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IN THE MATTER OF

527339.

175 A.D.3d 1734 (2019)

110 N.Y.S.3d 99

2019 NY Slip Op 06830

In the Matter of the Claim of Melissa J. Mercado, Respondent; American Para Professional Systems of NYC, Inc., Appellant. Commissioner of Labor, Respondent.

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

September 26, 2019.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Jericho ( Tara E. Daub of counsel), for appellant.

Amanda FiggsGanter , Albany, for Melissa J. Mercado, respondent.

Garry, P.J., Egan Jr. and Pritzker, JJ., concur.

Claimant, a phlebotomist, was retained by American Para Professional Systems of NYC, Inc. (hereinafter APPS) to conduct paramedical examinations of applicants going through the underwriting process to obtain life insurance. After claimant's services were terminated for misconduct, she filed an application for unemployment insurance benefits...

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