MATTER OF McDUFFIE


257 A.D.2d 824 (1999)

684 N.Y.S.2d 12

In the Matter of the Claim of LETA McDUFFIE, Respondent. MENORAH HOME AND HOSPITAL FOR THE AGED AND INFIRM, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided January 14, 1999.


Claimant worked as a certified nurse's aide for the employer, an Orthodox Jewish nursing home, for over 16 years. While traveling to work on June 5, 1994, claimant felt faint from fasting as part of her religious observance. Claimant purchased a donut from a shop and, upon arriving at work, sat down to eat the donut and drink a can of ginger ale to alleviate her symptoms. The employer's administrator observed claimant and demanded to know where she obtained the can of soda...

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