MATTER OF MAXWELL


305 A.D.2d 954 (2003)

760 N.Y.S.2d 586

In the Matter of the Claim of EMMA J. MAXWELL, Respondent. NIGRO COMPANIES, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided May 29, 2003.


Claimant was employed as a bookkeeper from April 27, 1998 to August 6, 2001. Throughout calendar years 2000 and 2001, she was counseled about her poor attendance and advised that if she was not able to report to work, she must speak directly to her supervisor. The last such counseling occurred on July 10, 2001; she understood that further absenteeism would jeopardize her employment.

On Wednesday, August 1, 2001, claimant left work early to go to a doctor's appointment...

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