MATTER OF BAUER


305 A.D.2d 795 (2003)

757 N.Y.S.2d 907

In the Matter of the Claim of GIACOMO BAUER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 8, 2003.


On the last day of his employment as a motor vehicle driver for the United States Postal Service, claimant received a notice of removal from his supervisor, advising him that he would be discharged at the end of 30 days based upon charges that he had failed to follow instructions, deviated from his assigned route and engaged in conduct unbecoming a postal employee. Claimant responded by threatening to have someone "come down here with a machine gun and spray the place." He...

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