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  5. 33 N.Y.2d 377 (1974)
 

MATTER OF ROSEDIETCHER (LEVINE)

33 N.Y.2d 377 (1974)

In the Matter of the Claim of Joseph Rosedietcher, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided February 20, 1974.

Attorney(s) appearing for the Case

Mayer G. Freed, Marttie L. Thompson, Dennis R. Yeager, E. Richard Larson and Antone G. Singsen, III for appellant.

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

JASEN, J.

We are called upon to decide whether the concealment of a prior arrest on an application for employment constitutes "misconduct" in connection with employment within the meaning of the Labor Law.

Claimant appeals as of right on constitutional grounds from an order of the Appellate Division which unanimously affirmed a decision of the Unemployment Insurance Appeal Board, sustaining the initial...

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