MATTER OF TRZECIAK


298 A.D.2d 754 (2002)

748 N.Y.S.2d 624

In the Matter of the Claim of MICHAEL E. TRZECIAK, Appellant. ADIRONDACK BEVERAGES CORPORATION, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided October 24, 2002.


Claimant resigned from his employment as a syrup technician for a soda business effective February 2001 claiming that a broken ventilation system put his health at risk. The record establishes, however, that the ventilation system was repaired within two days of it becoming inoperative and that during that time claimant was permitted to work in an alternate area. Furthermore, claimant's contention that he left due to exposure to ozone gas was belied by the fact that the ozone...

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