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MATTER OF CHOWANIEC

258 A.D.2d 801 (1999)

685 N.Y.S.2d 864

In the Matter of the Claim of HENRY A. CHOWANIEC, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 18, 1999.

Claimant was discharged from his employment as a truck driver after he refused to pick up a load in New York City in violation of the employer's policy. Claimant maintained that he feared for his safety due to a prior incident in New York City wherein he was awakened by individuals trying to enter his truck during the night while claimant was asleep in the cab. Although frightened, claimant drove away without injury. While a reasonable...

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