MATTER OF XING


23 A.D.3d 747 (2005)

803 N.Y.S.2d 283

In the Matter of TIAN XING XING, Appellant. COMMISSIONER OF LABOR, Respondent.

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

November 3, 2005.


Claimant worked as a houseman in the housekeeping department of a hotel for 14 years and was responsible for delivering linens and performing general cleaning. On July 29, 2004, claimant was directed to clean a room that had undergone repainting, but when the director of housekeeping checked the room, it had not been cleaned. Claimant, who had received prior warnings concerning his failure to perform his job assignments, was fired as a result. The Unemployment Insurance Appeal...

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