MATTER OF DOWD


169 A.D.2d 867 (1991)

In the Matter of the Claim of Walter Dowd, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

January 3, 1991


On the day in question, one of claimant's supervisors could not find him and claimant failed to punch out. Even if it is true that claimant was helping a co-worker and therefore had not left work early, the record is clear that claimant could not leave his work area without permission. Claimant admitted that he neither told anyone he was going to help someone nor asked permission to do so. Claimant also admitted that he had been warned about punching out and that his failure...

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