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MATTER OF KAPLAN

47 A.D.2d 780 (1975)

In the Matter of Norman Kaplan, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

March 13, 1975

Among other things, the board found that the claimant had engaged in gambling activities upon the premises of his employer, a bank. The record contains substantial evidence to support the findings of the board. The board, however, in its decision utilized the now discredited doctrine of provoked discharge as a basis for claimant's disqualification from benefits. (See Matter of James [Levine], 34 N.Y.2d 491.) The record establishes...

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