MATTER OF ANTHONY


49 A.D.3d 1125 (2008)

853 N.Y.S.2d 712

In the Matter of the Claim of JAMES L. ANTHONY, Respondent. COMMISSIONER OF LABOR, Respondent.

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

Decided March 27, 2008.


Claimant worked for approximately one year as a delivery person for the employer, until January 2005, when an illness and transportation problems caused him to be absent for an extended period of time. While claimant was absent, the employer hired an additional delivery person to cover for claimant. Although claimant initially kept the employer informed regarding his health and availability to work, claimant did not contact the employer after January 17, 2005. In the first...

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