MATTER OF McCARTHY


120 A.D.3d 876 (2014)

990 N.Y.S.2d 424

2014 NY Slip Op 05693

In the Matter of the Claim of WALTER W. McCARTHY, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided August 7, 2014.


Claimant took a job as a plumber based on the representations of his union business agent as to the hours he would be working, but left the job after it became apparent that those representations had been inaccurate. Prior to quitting, claimant made no effort to address the issue with either the employer or his union (see Matter of Sampica [Commissioner of Labor], 252 A.D.2d 702, 703 ...

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