MATTER OF KOSSOFF


51 A.D.2d 1072 (1976)

In the Matter of the Claim of Seymour Kossoff, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

March 4, 1976


Claimant, a messenger, was permitted a lunch hour of one hour which was flexible and could be taken at his option. On the day of his discharge claimant was in the office from 11:00 A.M. to 12:00 noon but did not take his lunch period. When he returned from making deliveries at about 3:40 P.M., he told his employer that he had not had lunch and wished to be paid extra because he had missed his lunch. The employer replied that he had ample time to have his lunch and refused...

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