MATTER OF LLANO


46 A.D.2d 841 (1974)

In the Matter of Andres Llano, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

November 27, 1974


Respondent urges that in accordance with the Court of Appeals decision in Matter of James (Levine) (34 N.Y.2d 491) where the board finds a provoked discharge if all the necessary implied findings of loss of employment through misconduct are present the board's decision should, nevertheless, be affirmed. However, in the instant case the board adopted the findings of fact and opinion of the

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