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MATTER OF ALVARADO

273 A.D.2d 563 (2000)

708 N.Y.S.2d 748

In the Matter of the Claim of JOSE M. ALVARADO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 15, 2000.

Claimant, a busboy, unsuccessfully applied for a clerical position with the employer. Contending that he had been denied the position because he spoke English with an accent, claimant retained the services of an attorney to pursue a discrimination claim against the employer. On May 3, 1997, claimant began a medical leave of absence relating to stress and depression. This leave of absence was scheduled to end on July 29, 1997. Prior...

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