IN THE MATTER OF CLAIM OF KEELER


15 A.D.3d 718 (2005)

788 N.Y.S.2d 703

In the Matter of the Claim of PEGGY J. KEELER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

February 3, 2005.


Claimant worked as a nursing assistant at a residential health care facility. In July 2003, she withdrew $70 from a resident's account purportedly to purchase items requested by the resident. On July 31, 2003, the employer's representative questioned claimant about the withdrawal and advised her that she had 24 hours within which to produce the receipts. When she failed to do so, claimant was discharged for misappropriating a resident's

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