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MATTER OF CUNNINGHAM v. NEW YORK STATE DEPARTMENT OF LABOR

512036.

89 A.D.3d 1347 (2011)

933 N.Y.S.2d 432

2011 NY Slip Op 8529

In the Matter of MICHAEL A. CUNNINGHAM, Petitioner, v. NEW YORK STATE DEPARTMENT OF LABOR, Respondent.

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

Decided November 23, 2011.

Lahtinen, J.

Petitioner, a state employee since 1980, was respondent's Director of Staff and Organizational Development for nearly 20 years. In the last 10 years, he had been disciplined on several occasions for various workplace misconduct. In 2008, respondent suspected that petitioner was engaging in a pattern of taking unauthorized absences from work as well as falsifying time records. Respondent had an investigator...

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