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MATTER OF SCIASCIA

53 A.D.2d 762 (1976)

In the Matter of the Claim of Joseph Sciascia, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

June 10, 1976

The board could clearly find on the instant record that the delivery truck on which claimant was assigned as a helper on June 21, 1973 made at least two personal and unauthorized deviations as it proceeded on its delivery route and that claimant was aware that such action violated the terms of the union contract. The board was not required to accept the excuses given for these deviations either as credible or justified (Matter of Wade [Levine], 50...

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