                          State of New York
                   Supreme Court, Appellate Division
                      Third Judicial Department
Decided and Entered: February 5, 2015                   519455
________________________________

In the Matter of the Claim of
   ALEXANDRA E. SIMONS,
                    Respondent.

MOBILE DIAGNOSTIC TESTING
   SERVICES INC.,                           MEMORANDUM AND ORDER
                    Appellant.

COMMISSIONER OF LABOR,
                    Respondent.
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Calendar Date:   December 2, 2014

Before:   McCarthy, J.P., Egan Jr., Lynch and Clark, JJ.

                             __________


      Hodgson Russ, LLP, Buffalo (Joseph S. Brown of counsel),
for appellant.

      Sanders & Sanders, Cheektowaga (Harvey P. Sanders of
counsel), for Alexandra E. Simons, respondent.

                             __________


      Appeal from a decision of the Unemployment Insurance Appeal
Board, filed September 16, 2013, which ruled that claimant was
entitled to receive unemployment insurance benefits.

     Decision affirmed.    No opinion.

     McCarthy, J.P., Egan Jr., Lynch and Clark, JJ., concur.
                        -2-                  519455

ORDERED that the decision is affirmed, without costs.




                       ENTER:




                       Robert D. Mayberger
                       Clerk of the Court
