MATTER OF MAZZELLA


51 A.D.2d 632 (1976)

In the Matter of the Claim of Aniello Mazzella, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

January 22, 1976


Claimant, a store manager of an A & P for six years, was discharged for violating a company policy which provided that "when a manager shops in the store he must be checked out by the assistant manager." On the day in question, the assistant manager was not working and a part-time cashier checked out claimant's order. Claimant testified that he had done this on several previous occasions and other managers also had done so; that it was a rule which had not been enforced...

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