MATTER OF CLAIM OF GAISER


82 A.D.2d 629 (1981)

In the Matter of the Claim of Mark Gaiser, Respondent. General Mills, Inc., Appellant; Philip Ross, as Industrial Commissioner, Respondent

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

September 24, 1981


Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (H. Kenneth Schroeder, Jr., of counsel), for appellant.

Gerald A. Dwyer for Mark Gaiser, respondent.

SWEENEY, J. P., MIKOLL, WEISS and HERLIHY, JJ., concur.


MAIN, J.

Claimant was employed as a supplier for the employer until February 27, 1980. On that date and during his regular shift, claimant was observed operating a self-propelled forklift, which he was not authorized to operate, in such a fashion as to cause the lift to ram into cartons readied for shipment, cartons of supplies and stacks of pallets while he and his two observing co-workers were consumed with laughter. The only eyewitness who testified...

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