MATTER OF SEABROOK


45 A.D.3d 1165 (2007)

846 N.Y.S.2d 683

In the Matter of the Claim of HOLLIE A. SEABROOK, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 21, 2007.


Claimant worked the night shift as a part-time senior clerk at a hospital. She also had a temporary seasonal job selling merchandise at the US Open tennis tournament for two weeks each year. Although she had received a prior written warning regarding her absenteeism and that further absences would result in "termination," claimant failed to report to her shift at the hospital on August 26, 2006 because she was working late at her job at the US Open. As a result, she was discharged...

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