IN THE MATTER OF KOVALSKAYA


16 A.D.3d 955 (2005)

792 N.Y.S.2d 233

In the Matter of the Claim of NINA KOVALSKAYA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

March 24, 2005.


Claimant worked as a cytotechnologist for a hospital and was responsible for screening laboratory slides to detect the presence of abnormal cells. In December 2002, after she exceeded the employer's tolerance limits by failing to detect abnormalities on a number of slides, claimant was placed on probation and advised that if such conduct continued during the next three months, she would face disciplinary action, including possible discharge. When claimant continued to exceed...

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