IN THE MATTER OF PEAKE


8 A.D.3d 743 (2004)

777 N.Y.S.2d 772

In the Matter of the Claim of HOWARD B. PEAKE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

June 3, 2004.


Claimant began working for the employer as a sales manager and service technician in February 1997. During the summer of 2002, he became dissatisfied when the employer restricted the use of his company cell phone to walkie-talkie mode, precluding him from using it to contact his family. The employer was experiencing various problems with claimant's work during this time. On August 1, 2002, claimant did not work but abruptly surrendered his cell phone, indicating that the...

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