MATTER OF BURTON


206 A.D.2d 644 (1994)

614 N.Y.S.2d 614

In the Matter of the Claim of Beverly B. Burton, Respondent. Mutual of Omaha Insurance Company, Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

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

July 14, 1994


There is substantial evidence in the record to support the Board's determination that claimant's employment as a telephone receptionist came to an end under nondisqualifying circumstances. While claimant was discharged for making what the employer considered to be an excessive number of personal telephone calls from her desk, the record reveals that a certain amount of personal calls were allowed by the employer and the amount that would be considered excessive was not clearly...

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