MATTER OF STEWART

527915.

175 A.D.3d 780 (2019)

105 N.Y.S.3d 624

2019 NY Slip Op 06039

In the Matter of the Claim of Janie Stewart, Respondent. MTA Bus Company, Appellant. Commissioner of Labor, Respondent.

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

Decided August 1, 2019.


Claimant worked for the employer as a bus driver for approximately five years. In March 2017, an undercover dispatcher was assigned to monitor claimant and was present on her bus when he observed her make an unsafe lane change and fail to make required announcements. When claimant learned of the dispatcher's identity, she became insubordinate and allegedly used profanity in addressing him. As the result of this incident, the employer brought disciplinary charges against claimant...

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