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MATTER OF McKENZIE

281 A.D.2d 740 (2001)

721 N.Y.S.2d 296

In the Matter of the Claim of PAUL McKENZIE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 8, 2001.

Claimant, employed as a track worker by the New York City Transit Authority, was charged with failing to submit sick leave applications or medical documentation for a series of work absences from July 1999 through September 1999. Significantly, claimant previously had received a 30-day suspension and a final warning for time and leave violations. After an arbitration hearing, at which claimant had a full and fair opportunity to...

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