MATTER OF SANDERS

515285.

106 A.D.3d 1311 (2013)

965 N.Y.S.2d 238

2013 NY Slip Op 3535

In the Matter of the Claim of EDWINA L. SANDERS, Respondent. RESCUE MISSION ALLIANCE INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided May 16, 2013.


From October 2010 until February 2011, claimant was employed as a clinical care specialist at a residential facility operated by the employer. She was discharged from her position for sleeping while on duty after she had received a suspension for such conduct, as well as a final written warning advising her that a further incident would result in her termination. Claimant was initially disqualified from receiving unemployment insurance benefits on the basis that her employment...

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