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IN THE MATTER OF NAYLOR

24 A.D.3d 1154 (2005)

806 N.Y.S.2d 314

In the Matter of DANIEL T. NAYLOR, Appellant. COMMISSIONER OF LABOR, Respondent.

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

December 29, 2005.

Claimant worked as a driver for a mail delivery contractor. After claimant received the employer's approval to take a Saturday off and arranged to have another person work his shift, the employer's owner advised him that he wanted a different individual to cover claimant's shift. An argument ensued, during which claimant got into his delivery truck and drove away while the owner was talking to him. Claimant subsequently was terminated...

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