IN THE MATTER OF FAIRLEY


3 A.D.3d 781 (2004)

771 N.Y.S.2d 558

In the Matter of the Claim of SARAH FAIRLEY, Appellant. COMMISSIONER OF LABOR, Respondent.

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

January 22, 2004.


Claimant was employed as a home health aide working the night shift until she was discharged for sleeping on the job. Claimant testified that the patient had a cot set up in the back room for the aides and, notwithstanding the employer's policy prohibiting such conduct, claimant admitted that she occasionally napped while the patient was sleeping. In view of the foregoing, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant...

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