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MATTER OF LIMONCELLI

32 A.D.3d 1066 (2006)

820 N.Y.S.2d 665

In the Matter of the Claim of DEBORAH J. LIMONCELLI, Appellant. COMMISSIONER OF LABOR, Respondent.

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

September 14, 2006.

Claimant, a cook, was responsible for serving meals to residents of a health care facility. While she was preparing a meal on December 12, 2004, she failed to follow her employer's policy of checking the temperature of the food prior to serving it and of recording the temperature in the appropriate log. In fact, she indicated in the log that she did not have time to check the temperature of the food because she was too busy with...

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