MATTER OF GARCIA

514898.

104 A.D.3d 985 (2013)

960 N.Y.S.2d 267

2013 NY Slip Op 1452

In the Matter of ELIEZER GARCIA, Respondent. BS & F AUTO PARTS, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

March 7, 2013.


Claimant worked as a delivery driver for an auto parts store. When he made deliveries, customers either paid him in cash or their purchases were billed to their accounts. For customers who paid in cash, claimant was responsible for turning over to the employer the invoices and cash payments. On one occasion, claimant was not able to turn over an invoice with the corresponding cash payment because he had used a portion of the payment to purchase gas. Although the employer...

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