MATTER OF LARKIN


43 A.D.2d 637 (1973)

In the Matter of the Claim of Patrick Larkin, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

November 15, 1973


Decision affirmed, without costs.

No opinion.

Main, J. (dissenting).

We must respectfully dissent. Claimant, an elevator operator and doorman, had worked for his employer from March 18, 1959 until February 1, 1972, when he was discharged by his superior for "drinking on the job". A summary sheet, accepted by the Referee as argument, but not as evidence, indicated that claimant had been involved in prior difficulties because of his drinking...

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