MATTER OF DI CLEMENTE


207 A.D.2d 945 (1994)

616 N.Y.S.2d 678

In the Matter of the Claim of Michael J. S. Di Clemente, Appellant. Catholic Medical Center of Brooklyn and Queens, Inc., Respondent; John F. Hudacs, as Commissioner of Labor, Respondent

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

September 22, 1994


When claimant was initially hired, he was required to produce a valid emergency medical technician (hereinafter EMT) certificate as a qualification for his job. Although claimant was assigned new duties, he remained in the EMT title at all times and, therefore, the position still required that he possess official EMT certification. Claimant was ultimately discharged when he let his EMT certification expire. The record reveals that, prior to his discharge, claimant was advised...

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