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MATTER OF ALVES

79 A.D.2d 793 (1980)

In the Matter of the Claim of Lucio Alves, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

December 23, 1980

Following the filing of claimant's brief, the Attorney-General advised the court by letter that a review of the record indicated that claimant's termination was based on his "overall attitude and performance" and, furthermore, that there was some doubt as to whether any nonhearsay testimony could be found in the record to support the board's determination. Accordingly, the court was informed that no brief would be filed on behalf...

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