MATTER OF LESTER


149 A.D.2d 880 (1989)

In the Matter of the Claim of Charles Lester, Respondent. Ilion Water Commission, Appellant; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

April 27, 1989


Mercure, J.

Claimant was employed as a water treatment plant trainee by the Ilion Water Commission. On November 11, 1986, when claimant was assigned the duties of "holiday duty person", he traveled some 20 miles away from the area of his employment to play in a hockey game. Charges were brought pursuant to Civil Service Law § 75 and a hearing was conducted. The Hearing Officer determined that claimant was guilty of "dereliction

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