MATTER OF MARQUEZ


263 A.D.2d 926 (1999)

693 N.Y.S.2d 346

In the Matter of the Claim of RICHARD MARQUEZ, Appellant. NEW YORK CITY DEPARTMENT OF PERSONNEL, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided July 29, 1999.


Claimant was discharged from his employment as an administrative associate at a human services agency after he became argumentative over the telephone with the employer's Field Director, who criticized claimant's failure to answer the telephone with the employer's standard greeting. In response, claimant threatened to sue the Field Director and "write him up". Claimant then hung up the telephone while the Field Director was still speaking. Significantly, at the time of this...

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