IN THE MATTER OF MILLER


9 A.D.3d 567 (2004)

779 N.Y.S.2d 284

In the Matter of the Claim of DARREN R. MILLER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

July 1, 2004.


SPAIN, J.P.

Claimant was discharged from his employment at the United States Postal Service after he called in sick on two consecutive days, having been previously warned about and disciplined for, among other things, his excessive tardiness and absences. According to his supervisor, when asked for an explanation upon his return to work, claimant initially provided no reason for the final two absences and, at a meeting about two weeks later, said that he was absent...

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