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MATTER OF CURATO

70 A.D.2d 719 (1979)

In the Matter of the Claim of Rose Curato, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

May 17, 1979

It was undisputed that the claimant was discharged from her employment on June 16, 1976 because she had refused to further operate a particular blueprint copy machine referred to in the record as a "Bruning" machine on the previous day. The employer conceded that the claimant had previously complained of the heat in the copy room and its effect on her ability to work. In particular, the employer admitted that on June 11, 1976 the...

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