MATTER OF DUNHAM

507339

68 A.D.3d 1328 (2009)

2009 NY Slip Op 9134

890 N.Y.S.2d 207

In the Matter of the Claim of DIANE M. DUNHAM, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 10, 2009.


McCarthy, J.

Claimant was a full-time agent for the employer, Regional Off-Track Betting Corporation, for approximately 3½ years before her termination in August 2008. During a routine audit, it was discovered that claimant's drawer was $20 short. She realized that she had sold $20 worth of lottery tickets to the manager of the adjacent bar that morning upon his promise that he would return promptly with payment, however, he had not yet done so. Claimant immediately...

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