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MATTER OF TALLARICO

183 A.D.2d 1025 (1992)

In the Matter of the Claim of Arthur Tallarico, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

May 14, 1992

Claimant testified that upon an initial inquiry he was mistakenly told that he had two days of leave still available to him. Claimant admitted, however, that he was later told by the employer that he could not have the two days off for vacation that he had requested because he had no such leave time left. He took the days off anyway because he had already made his travel arrangements. Given these facts, there was substantial evidence...

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