MATTER OF PITTS


309 A.D.2d 1121 (2003)

766 N.Y.S.2d 914

In the Matter of the Claim of JIMMY B. PITTS, Respondent. REEB MILLWORK CORPORATION OF NEW YORK, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided October 30, 2003.


Claimant was discharged from his employment as a truck driver following an incident that occurred when his supervisor informed a group of drivers who had just reported for work that certain trucks, including claimant's, had yet to be loaded and that the drivers were needed to assist in loading them. Claimant testified that he did not hear this announcement so he went to his truck where he began entering information in his logbook. His supervisor testified that when he did...

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