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MATTER OF BETANCOURT

60 A.D.2d 719 (1977)

In the Matter of the Claim of Robert Betancourt, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

December 29, 1977

While it is reasonably certain that claimant is not guilty of misconduct as to his employment within the meaning of the Unemployment Insurance Law (Labor Law, art 18), it is established that he lost his employment by voluntarily leaving the same through conduct provoking his discharge because the employer had no alternative (see Matter of Keenan [Levine], 51 A.D.2d 596; cf. Matter of De Grego [Levine], 39...

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