MATTER OF DEATON


210 A.D.2d 715 (1994)

620 N.Y.S.2d 173

In the Matter of the Claim of Elizabeth A. Deaton, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

December 15, 1994


Upon review of the record, we find that there is substantial evidence to support the Board's determination that claimant was discharged for misconduct from her position as a resident treatment specialist at a facility that provides personal care and training for mentally retarded and developmentally disabled adults. Claimant was terminated for not catheterizing a patient during her shift pursuant to physician instructions. Notably, claimant had already been disciplined for...

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