MATTER OF BARDEN


308 A.D.2d 622 (2003)

764 N.Y.S.2d 152

In the Matter of the Claim of MARION BARDEN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 11, 2003.


Claimant was employed as an administrative assistant for a school custodian engineer, who also was her husband. When her husband was removed from his position, claimant failed to return to work because her husband informed her that when a custodian's secretary was also his wife, it was presumed that she left with him. Although she testified that she did not want to leave her job, she failed to inquire of her union as to whether she was required to leave her job. Inasmuch...

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