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MATTER OF PERRETTI

283 A.D.2d 737 (2001)

724 N.Y.S.2d 217

In the Matter of the Claim of FRANK P. PERRETTI, Respondent. NEW YORK CITY TRANSIT AUTHORITY, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided May 10, 2001.

Claimant was suspended from his employment as a sheet metal mechanic for the New York City Transit Authority as a result of a physical altercation with a fellow employee on November 29, 1995. After filing a grievance, claimant and the employer entered into a stipulation whereby claimant agreed to a 30-day suspension without pay. In addition, claimant agreed to enroll in and cooperate with an employee assistance program. When claimant attempted to return to work at the end...

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