MATTER OF GARNICA


261 A.D.2d 765 (1999)

689 N.Y.S.2d 778

In the Matter of the Claim of GINA C. GARNICA, Appellant. DOLCE INTERNATIONAL, Doing Business as TERRYTOWN HOUSE, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided May 13, 1999.


Claimant was discharged from her employment as a laundry attendant as a result of failing to notify the employer of a practical joke whereby sewing machine oil was placed in a coworker's drinking cup. Although claimant did not personally place the hazardous substance in the co-worker's cup, she nevertheless was aware that the "joke" was being perpetrated. Contrary to the employer's established policy, claimant failed to report the potentially dangerous situation to the employer...

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