IN THE MATTER OF WAITE


3 A.D.3d 766 (2004)

771 N.Y.S.2d 556

In the Matter of the Claim of JOHN S. WAITE, Respondent. TOWN OF TAGHKANK, Appellan; COMMISSIONER OF LABOR, Respondent.

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

January 22, 2004.


Claimant, a snow plow driver, was discharged from his employment because he left work sick on January 3, 2003 without his supervisor's permission. On the day in question, claimant informed his supervisor that he was ill and was leaving early. The supervisor failed to respond. After filing a claim for unemployment insurance benefits but before a hearing on the matter, claimant and the employer entered into a settlement stipulation pursuant to which he was rehired but suspended...

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