IN THE MATTER OF MASSUCCI


8 A.D.3d 737 (2004)

777 N.Y.S.2d 776

In the Matter of the Claim of LORI MASSUCCI, Respondent. BLACKMAN PLUMBING SUPPLY, Appellant; COMMISSIONER OF LABOR, Respondent.

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

June 3, 2004.


Claimant was discharged from her position as a senior accountant on September 30, 2002 after she arrived late to work that day. She had previously experienced problems arriving to work on time due to her child-care arrangements and her employer had changed her work schedule in an effort to accommodate her. However, four months after her shift change, her tardiness resumed and she was issued various warnings. After her termination, claimant applied for unemployment insurance...

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