MATTER OF CINCU


43 A.D.3d 528 (2007)

840 N.Y.S.2d 249

In the Matter of the Claim of VIOREL CINCU, Appellant. SUTTON HOUSE, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided August 2, 2007.


From August 1988 through January 2006, claimant worked as a doorman and concierge at the employer's residential co-op building. In December 2005, a resident left an envelope containing a holiday card and cash at the concierge desk to be picked up by the resident's housekeeper. After the envelope could not be found, the employer conducted an investigation, during which claimant denied any knowledge of its whereabouts. Claimant was eventually discharged after he was observed...

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