MATTER OF CHOUTE


39 N.Y.2d 883 (1976)

In the Matter of the Claim of Jean B. Choute, Respondent. Louis L. Levine, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided June 3, 1976.


Attorney(s) appearing for the Case

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

Carolyn A. Kubitschek and Nancy E. Le Blanc for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

In this unemployment insurance case, while the Appellate Division was correct in reversing the Appeal Board's decision, based as it was erroneously on the limited doctrine of provoked discharge, the matter should be remitted to the board for reconsideration of the facts so that it may determine whether the claimant's conduct, under the circumstances here, rose to the level of misconduct under subdivision 3 of...

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