MATTER OF DE SCETTO


51 A.D.2d 1100 (1976)

In the Matter of the Claim of Nicholas De Scetto, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

March 25, 1976


Claimant, a clothing salesman in a retail store, had been warned on April 14 that he would be discharged if his attendance did not improve by June 1. From April 14 to June 2 claimant reported late for work 22 times. He was thereupon discharged. Claimant conceded that his starting time was 9:30 A.M. and admitted that he consistently failed to report to work until 9:45 A.M., allegedly because he had no work to do until then. Claimant's conduct following the warning in regard...

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