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MATTER OF MELENDEZ

43 A.D.3d 1242 (2007)

841 N.Y.S.2d 726

In the Matter of the Claim of DANIEL MELENDEZ, Appellant. AMERICAN SPECIALITIES, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided September 20, 2007.

Claimant worked as a janitor in a warehouse for approximately four years. He became verbally abusive toward another employee when he inquired about the status of a vacation request that had not yet been approved. Following this exchange, claimant disregarded a supervisor's directive to return to the warehouse and instead went to a restricted area where the request was being processed. Claimant was immediately discharged and a security...

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