MATTER OF BRIMAGE

512718.

93 A.D.3d 1010 (2012)

940 N.Y.S.2d 342

2012 NY Slip Op 1851

In the Matter of the Claim of NICOLE BRIMAGE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 15, 2012.


Claimant was discharged from her employment at a nursing home for allegedly falsely representing on her employment application that she had never been convicted of a crime. Specifically, a fingerprint background check by the employer with the Department of Health indicated that claimant had previously been convicted of a misdemeanor in California in 1992. At the ensuing hearing, claimant denied ever being charged or arrested while she lived in California and asserted that...

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