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MATTER OF CANGIANO

51 A.D.2d 1078 (1976)

In the Matter of the Claim of Lucille M. Cangiano, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

March 11, 1976

The determination of misconduct in connection with employment is a factual one to be made by the board, and if supported by substantial evidence, must be affirmed (Matter of Lester [Catherwood], 30 A.D.2d 1025; Labor Law, § 632). On this record the board could find that the actions of this claimant rise to the level of misconduct as contemplated by Matter of James (Levine) (34 N.Y.2d 491

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