MATTER OF BRUNETTI


215 A.D.2d 855 (1995)

626 N.Y.S.2d 329

In the Matter of the Claim of Michael A. Brunetti, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

May 11, 1995


After being reprimanded for tardiness, claimant, a dispatcher for an ambulette service, left his employer's premises without notifying a supervisor. He failed to call in or report to work for the rest of the day. While claimant testified that he advised his employer that he was leaving due to illness, the weight to be accorded this testimony, as well as the conflicting testimony of other witnesses, was within the exclusive province of the Board. Under these facts, there is...

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