MATTER OF CAPPELLO

516394

113 A.D.3d 952 (2014)

978 N.Y.S.2d 466

2014 NY Slip Op 265

In the Matter of the Claim of CHRISTINE M. CAPPELLO, Respondent. ELRAC LLC, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided January 16, 2014.


From August 2007 until March 2011, claimant worked as a station manager for a car rental company at a major airport. On December 26, 2010, following an extensive snowstorm that disrupted public transportation, claimant's manager authorized her to rent a sports utility vehicle at a discounted rate so that she could drive to her home, but expected her to return the vehicle on December 30, 2010 when she reported to work. She returned the vehicle when she arrived at work on December...

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