MATTER OF PESANT


63 A.D.3d 1411 (2009)

881 N.Y.S.2d 227

In the Matter of the Claim of ALBERT F. PESANT, Appellant. BRINKMANN INSTRUMENTS, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided June 18, 2009.


From November 2006 until February 2008, claimant worked for the employer as a technology specialist in its customer support department. In September 2007, after it was discovered that claimant had downloaded images containing nudity and violence to his assigned computer, he received a warning concerning his violation of the employer's Internet policy. He received a second warning regarding the same type of activity in January 2008. A subsequent investigation revealed that...

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