MATTER OF PELC


32 A.D.3d 1084 (2006)

821 N.Y.S.2d 296

In the Matter of the Claim of JUSTIN E. PELC, Appellant. COMMISSIONER OF LABOR, Respondent.

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

September 21, 2006.


Claimant worked for a heating and cooling company performing service, installation and sales. He was provided a company-owned truck and tools which he normally kept at his home. On May 12, 2005, after experiencing difficulties with his employer, claimant completed his shift, removed his personal belongings from the truck and returned it—containing the employer's tools, uniforms and keys—to the company lot. When claimant did not report to work or call in the...

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