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  5. 256 A.D.2d 786 (1998)
 

MATTER OF GARCIA

256 A.D.2d 786 (1998)

681 N.Y.S.2d 631

In the Matter of the Claim of MARK A. GARCIA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 10, 1998.

Claimant was discharged from his employment as a phlebotomist after he failed to comply with the employer's call-in procedures pertaining to absences due to illness, notwithstanding having received prior warnings and a suspension regarding similar conduct. Although claimant was aware of the employer's call-in policy, he testified that on the day in question he had an argument with his wife and left his house without the telephone...

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