MATTER OF ROBLES


70 A.D.2d 1028 (1979)

In the Matter of the Claim of Jose A. Robles, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

June 21, 1979


Decision affirmed, without costs.

No opinion.

Mikoll, J. (dissenting).

The employer's witness, James Belotti, the claimant's supervisor, stated that claimant was a food service worker and that he was terminated on July 18, 1977 because Mr. Belotti found him sitting in the park, across the street from where he was working, during his lunch hour, drinking a can of beer. There was no claim that the employee's functions or abilities were in...

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