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IN THE MATTER OF BIANCO v. COMMISSIONER OF LABOR

503976.

2008 NY Slip Op 06484

IN THE MATTER OF the Claim of RITA BIANCO, Appellant. and COMMISSIONER OF LABOR, Respondent.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Rita Bianco, New York City, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Before: Mercure, J.P., Carpinello, Lahtinen, Malone Jr. and Stein, JJ.

MEMORANDUM AND ORDER

Claimant worked as a secretary/stenographer for the employer from October 18, 2004 through September 27, 2006. Her work hours were from 9:00 A.M. to 5:00 P.M. Monday through Friday. Despite a disciplinary hearing at which claimant was warned about her tardiness and poor work performance, she was late for work 24 times in August and September 2006, and her employment was terminated as a result. Although claimant initially received unemployment...

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