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MATTER OF BOULWARE

65 A.D.2d 837 (1978)

In the Matter of the Claim of Edward Boulware, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

November 2, 1978

Decision affirmed, without costs.

No opinion.

Mikoll, J. (dissenting).

We respectfully dissent. Claimant's act of inadvertently leaving a can of paint open after being instructed to cover cans of paint constituted a minor violation of a work rule. Such behavior does not rise to the level of misconduct. The decision should...

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