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IN THE MATTER OF GRAHAM

6 A.D.3d 960 (2004)

775 N.Y.S.2d 204

In the Matter of the Claim of GWENDOLYN GRAHAM, Appellant. COMMISSIONER OF LABOR, Respondent.

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

April 22, 2004.

Claimant was discharged from her employment as a dietary aide for a hospital after engaging in a disruptive verbal exchange with a coworker which consisted of the use of sexually explicit and vulgar language. Claimant, who had received a prior suspension for insubordination, ignored three warnings from the supervisor to stop. Although claimant admits to being an alcoholic and claimed to be under the influence of alcohol at the time...

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