MATTER OF GIAFFO


235 A.D.2d 886 (1997)

652 N.Y.S.2d 431

In the Matter of the Claim of Chufi Giaffo, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

January 23, 1997


Claimant was employed as a correction officer at Elmira Correctional Facility in Chemung County when he was suspended for allowing an inmate to operate the lock boxes on some of the prisoners' cells. Claimant was thereafter notified that he would be dismissed at the end of 14 days unless he initiated a grievance proceeding prior to that time. Claimant chose to resign in order to keep his employment record free from any reference to the threatened dismissal and to avoid the...

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