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MATTER OF COCHRAN

172 A.D.2d 943 (1991)

In the Matter of the Claim of Peter G. Cochran, Respondent. Eastman Kodak Company, 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

The Unemployment Insurance Appeal Board reversed the Administrative Law Judge, who had found that certain comments made by claimant to his supervisor amounted to insubordination and constituted misconduct. The differing versions of the confrontation created only questions of fact for the Board to resolve (see, Matter of Brewer [Levine], 53 A.D.2d 751). The Board found that claimant's statements were mistakenly construed as...

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