MATTER OF PADILLA


206 A.D.2d 768 (1994)

615 N.Y.S.2d 103

In the Matter of the Claim of Eddy S. Padilla, Respondent. Pepsi Cola Bottling Company of New York, Inc., Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

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

July 28, 1994


White, J.

Claimant was employed by Pepsi Cola Bottling Company of New York, Inc. as a warehouse checker. On September 4, 1991, claimant, his supervisor and several other co-workers took a break during which they drank beer on the sidewalk in front of Pepsi's warehouse. Following an arbitration hearing, the arbitrator found that claimant "drank an alcoholic beverage during working hours on the Company's premises in

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