MATTER OF GAMBINO


300 A.D.2d 799 (2002)

751 N.Y.S.2d 661

In the Matter of the Claim of JAMES J. GAMBINO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 12, 2002.


Claimant, a computer programmer, was temporarily assigned to work in the offices of one of his employer's clients. On the last day of this employment, a representative of the employer visited the client's building where he observed claimant in a highly agitated state, conducting an expletive-laden conversation on the telephone at the reception desk in the lobby. A security guard and an employee of the client were present and expressed alarm at claimant's conduct. A short...

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