MATTER OF MOSCARELLO


64 A.D.2d 779 (1978)

In the Matter of the Claim of Paul F. Moscarello, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

July 20, 1978


Claimant was employed as a picture framer in a retail store. A customer became abusive to him and claimant responded in kind. His employer advised him that as a result of this conduct he would be fired at the end of the day. Claimant left that afternoon, and the appeal board has sustained a finding that he was guilty of misconduct and left his employment in anticipation of being fired. Nevertheless, it upheld the initial determination that he voluntarily resigned and was...

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