IN THE MATTER OF CLAIM OF FEMINELLA


30 A.D.3d 950 (2006)

817 N.Y.S.2d 740

In the Matter of the Claim of JOHN A. FEMINELLA, Respondent. FRED A. COOK JR., INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

June 29, 2006.


Claimant worked as a dispatcher for the employer for many years. He was getting married and was scheduled to take vacation from July 30, 2004 through August 10, 2004. On July 31, 2004, claimant became involved in a heated argument with his supervisor concerning the pumping of a septic tank at the premises where his wedding was to be held. The job had been done by a competitor of the employer. According to claimant, the conversation ended with his supervisor telling him that...

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