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MATTER OF THE CLAIM OF FELIX

14 A.D.3d 926 (2005)

787 N.Y.S.2d 726

In the Matter of the Claim of HIPOLITO FELIX, Appellant. PEPSI COLA NEWBURGH BOTTLING COMPANY, Respondent; COMMISSIONER OF LABOR, Respondent.

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

January 20, 2005.

Claimant worked in a warehouse until he resigned to join his family in Puerto Rico. The record establishes that claimant's wife and daughter had relocated to Puerto Rico in the summer of 2002 because his wife was unhappy living in New York. Claimant submitted his letter of resignation effective January 31, 2003, indicating that he was leaving due to his family. However, claimant did not join his family in Puerto Rico until after the school semester ended in March 2003. Under...

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