MATTER OF MOSCICKI


196 A.D.2d 920 (1993)

602 N.Y.S.2d 37

In the Matter of the Claim of Gerald R. Moscicki, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

September 23, 1993


Claimant, a truck driver for the employer, was late in making a delivery. When his dispatcher asked him if he was late because of a delay at a bridge, claimant replied "yes"; claimant later admitted, however, that he was late because he had overslept. Claimant also acknowledged that it was against company policy to sleep until after a delivery was made, and the record indicates that claimant had been previously warned concerning his lateness in deliveries.

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