MATTER OF DI STEFANO


304 A.D.2d 950 (2003)

757 N.Y.S.2d 157

In the Matter of the Claim of JOSEPH A. DI STEFANO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 10, 2003.


Claimant was hired as a motor vehicle salesperson. It was agreed after his first few days of work, however, that the overcrowded working conditions caused by renovations to the employer's showroom rendered it advisable for claimant to take a leave of absence and resume his position after the renovations had been completed. Claimant was contacted when his work space was ready but declined to return, stating that he had found another job. The Unemployment Insurance Appeal Board...

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