MATTER OF DENDY


172 A.D.2d 936 (1991)

In the Matter of the Claim of Marvin Dendy, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

April 11, 1991


After a hearing, an arbitrator found that claimant and other banquet waiters employed by a hotel had stolen wallets provided as banquet favors for distribution to guests. The Administrative Law Judge, holding that he was bound by the arbitrator's finding, then ruled that claimant was disqualified from receiving unemployment insurance benefits because such behavior constituted misconduct; the Unemployment Insurance Appeal Board affirmed this decision. The Administrative Law...

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