MATTER OF CLAIM OF ROSA

515583.

107 A.D.3d 1280 (2013)

968 N.Y.S.2d 651

2013 NY Slip Op 4672

In the Matter of the Claim of CESAR ROSA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 20, 2013.


Claimant, a full-time custodian for a child care center, requested vacation leave to perform charity work in Haiti after first stopping in the Dominican Republic, his native country. Claimant was initially granted vacation leave from February 25, 2010 until March 18, 2010. During this period, claimant telephoned his supervisor seeking to extend his vacation and his supervisor testified that this request was approved through March 30, 2010. Nevertheless, claimant failed to...

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