MATTER OF BATTISTE


48 A.D.3d 866 (2008)

851 N.Y.S.2d 291

In the Matter of the Claim of DENISE BATTISTE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 14, 2008.


When claimant was hired, the employer informed her that employees are scheduled to work, at most, 36 hours per week. Although she expressed her desire to work more than that, claimant nonetheless accepted the position and attended a three-hour paid training session on June 15, 2006. When claimant reported for her first day of regularly scheduled work on June 19, 2006, she discovered that she was scheduled to work only 24 hours that week and immediately quit. Thereafter, claimant...

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