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MATTER OF SMITH

531711.

199 A.D.3d 1141 (2021)

157 N.Y.S.3d 190

2021 NY Slip Op 06124

In the Matter of the Claim of Petal Smith, Respondent. City School District of the City of New York, Appellant. Commissioner of Labor, Respondent.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York City ( Susan Paulson of counsel), for appellant.

Salvatore C. Adamo , Albany, for Petal Smith, respondent.

Egan Jr., J.P., Clark, Aarons and Reynolds Fitzgerald, JJ., concur.

Claimant worked as a per diem substitute teacher for the City School District of the City of New York during the 2017-2018 school year. She was paid only for the days she worked. Claimant worked a total of 18 days during that school year, often declining per diem assignments due to conflicts with her other part-time job and because...

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