MATTER OF MacGILFREY v. PUGH


217 A.D.2d 888 (1995)

629 N.Y.S.2d 852

In the Matter of Tina MacGilfrey, Appellant, v. G. Douglas Pugh, as Chairperson of The New York State Unemployment Insurance Appeal Board, et al., Respondents

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

July 27, 1995


Mikoll, J. P.

The Commissioner of Labor initially disqualified petitioner from receiving unemployment insurance benefits because she "lost her employment through misconduct in connection therewith" for allegedly making an obscene remark to her supervisor. After an administrative hearing, held at petitioner's request, an Administrative Law Judge (hereinafter ALJ) overruled the initial determination, holding that the occurrence was "a single incident without...

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