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  5. 147 A.D.2d 790 (1989)
 

MATTER OF BAKER

147 A.D.2d 790 (1989)

In the Matter of the Claim of Hezekiah E. Baker, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

February 9, 1989

Harvey, J.

Claimant was employed as a truck driver for approximately two weeks in September 1987. There is a factual dispute between claimant and the employer over what occurred on Monday, September 14, 1987, at 9:00 A.M. The employer testified that claimant refused to work that Monday morning, despite previously agreeing to do so, and asked for his pay check, which the employer construed as meaning that claimant...

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