MATTER OF RUSSOLELLO


196 A.D.2d 929 (1993)

602 N.Y.S.2d 235

In the Matter of the Claim of Kathleen H. Russolello, 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 admitted that she was absent from work from May 6, 1991 to May 9, 1991 and that she did not call in to report her absence until May 10, 1991. Her only reason was that she had a stomach virus and that after seeing a doctor on May 10, 1991 she called "[a]s soon as I got home * * * and I apologized for not calling in sooner". According to the employer's representatives, all employees were told at the beginning of their employment that they were required to notify the...

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