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MATTER OF GREEN

209 A.D.2d 802 (1994)

618 N.Y.S.2d 973

In the Matter of the Claim of Emma L. Green, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

November 10, 1994

Upon review of the record, we find that there is substantial evidence in the record to support the Board's conclusion that claimant, a salesperson at a department store, was discharged for misconduct because she took a leave of absence during the employer's busiest sales weekend of the year in direct defiance of the employer's refusal of this request. The record indicates that although the employer informed claimant she could take...

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