MATTER OF NIKKHAH


264 A.D.2d 896 (1999)

697 N.Y.S.2d 353

In the Matter of the Claim of PIROOZ NIKKHAH, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 16, 1999.


Claimant, a line cook, notified the employer that he had been advised by his doctor to remain out of work from April 3, 1998 to April 10, 1998. Claimant, however, failed to return to work as scheduled or contact the employer until April 16, 1998, when he was advised he had been terminated as of April 13, 1998. Claimant's supervisor testified that his numerous telephone calls to claimant were not returned. Inasmuch as an employee...

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