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MATTER OF MICHELFELDER

79 A.D.2d 791 (1980)

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

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

December 23, 1980

By initial determination, the Industrial Commissioner held claimant to be ineligible for benefits because he lost his employment as a store detective due to misconduct (Labor Law, § 593, subd 3). The misconduct found was claimant's failure to call in on April 4, 1979 to report that he would be absent due to illness after having been warned that he was required to call in prior to the commencement of his shift. Claimant sought...

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