MATTER OF BOULWARE


47 N.Y.2d 928 (1979)

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

Court of Appeals of the State of New York.

Decided June 26, 1979.


Attorney(s) appearing for the Case

David L. Posner for appellant.

Robert Abrams, Attorney-General (Irving Jorrisch, Murray Sylvester and Robert A. Feuerstein of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed.

There is substantial evidence in the record to support the Unemployment Insurance Appeal Board's determination that claimant's discharge resulted from misconduct in connection with his employment. The board was entitled to find that claimant's conduct, in placing an uncovered paint can beneath his desk barely one day after he had received an explicit...

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