MATTER OF McINTEE


64 A.D.2d 1003 (1978)

In the Matter of the Claim of Bernard McIntee, Respondent. National Ambulance and Oxygen Service, Inc., Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

September 28, 1978


The facts are undisputed. Claimant was employed as an ambulance driver from October, 1976 until his discharge in March, 1977. The rules and regulations promulgated by the employer contained, inter alia, the rule that an ambulance shall not be driven at a speed in excess of 30 miles per hour in the City of Rochester or in excess of the posted speed limit outside the city. Adherence to the rule was required even in emergency situations. The employer testified that the...

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