MATTER OF RIMKO


244 A.D.2d 695 (1997)

664 N.Y.S.2d 377

In the Matter of the Claim of Michael R. Rimko, Appellant. New York City Transit Authority, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

November 13, 1997


Claimant, a member of the Transport Workers Union, was employed as a maintenance worker by the New York City Transit Authority until his employment was terminated due to insubordination. The record discloses that claimant had refused to paint an office unless an air purifying respirator was provided. After a respirator was purchased specifically for claimant and he had been trained in its use, he again refused to accept the painting assignment on the ground that he did not...

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