MATTER OF ALLEN


154 A.D.2d 732 (1989)

In the Matter of the Claim of Robert L. Allen, Respondent. United States Department of the Interior, Appellant; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

October 12, 1989


Weiss, J. P.

The facts in the underlying unemployment insurance claim briefly are that claimant was terminated from his job as a park laborer for misconduct. An Administrative Law Judge (hereinafter ALJ) reversed the initial determination and ruled claimant ineligible for benefits because he lost his employment through misconduct. The Unemployment Insurance Appeal Board affirmed, finding that claimant's threatening behavior (to harm his superior and coemployees...

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