MATTER OF VILLEGAS


49 A.D.2d 783 (1975)

In the Matter of the Claim of Santos Villegas, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

September 18, 1975


Claimant contends that the decision is not supported by substantial evidence and that he was denied due process. Claimant was discharged when discovered leaving the employer's premises with merchandise which he had neither paid for nor been given permission to take. Unquestionably, theft by an employee from his employer constitutes misconduct and disqualifies a claimant from receiving benefits, and the question of whether or not a theft occurred is one of fact (Matter...

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