IN THE MATTER OF WYNNE


16 A.D.3d 755 (2005)

790 N.Y.S.2d 318

In the Matter of the Claim of BRIAN J. WYNNE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

March 3, 2005.


Claimant, a customer service representative, tendered his resignation to his employer in April 2003 after he was denied a raise. He did not, however, stop working at this time as his employer permitted him to continue to work indefinitely at the same salary. In June 2003, claimant got into a dispute with his employer over compensation for an additional paid holiday recently granted to all employees. When claimant was denied compensation, he stated to the employer's president...

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