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MATTER OF MANKOWSKI

50 A.D.2d 962 (1975)

In the Matter of the Claim of Henry Mankowski, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

December 4, 1975

Contradictory testimony was presented by a representative of the employer and claimant which created a sharp issue of credibility within the province of the board to resolve. In finding that claimant had previously been disciplined on account of his poor record of attendance; had thereafter been warned concerning absenteeism and lateness; and had called in some five hours after he was scheduled to report for work on the day of his...

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