MATTER OF POVEDA


28 A.D.2d 781 (1967)

In the Matter of the Claim of Miguel T. Poveda, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

June 20, 1967


AULISI, J.

Claimant was an assistant steward checking in and distributing goods received at the employer's restaurant where he had worked for four years. On the morning of April 18, 1966, a Monday, claimant's busiest day, he reported to work in what his supervisor described as an intoxicated condition. He had previously been warned about such incidents and he was told to straighten out and take a shower. The supervisor

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