MATTER OF ARROYO


145 A.D.2d 886 (1988)

In the Matter of the Claim of Shirley Arroyo, Respondent. Dry Harbor Nursing Home, Appellant; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

December 29, 1988


Harvey, J.

Claimant was employed for over 1½ years as a nurse's aide at Dry Harbor Nursing Home. Claimant's employment was terminated on February 19, 1986 as a result of an incident occurring during claimant's 11:00 P.M. to 7:00 A.M. shift, which began on February 15, 1986. Shortly after claimant came on duty, she entered a patient's room and observed that the patient was in "mitten restraints" which are soft restraints tying the patient's hands...

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