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MATTER OF SPENCER

30 A.D.2d 986 (1968)

In the Matter of the Claim of Edward M. Spencer, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

October 17, 1968

MEMORANDUM BY THE COURT.

Claimant was employed as a porter by a building cleaning contractor from September 10, 1964 to January 28, 1965. He was required to work from 5:30 P.M. to 1:30 A.M. Monday through Friday of each week. His salary was paid on Thursday nights. Claimant was absent from work on the following Fridays, October 2, October 23 and December 18, 1964. After each of these absences, he was informed of the requirement of calling in if he was to be absent...

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