MATTER OF KELLY


222 A.D.2d 918 (1995)

635 N.Y.S.2d 113

In the Matter of the Claim of Dennis J. Kelly, Respondent. Joint Industry Board of the Electrical Industry, Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

December 21, 1995


Claimant worked as a security guard and relief parking lot attendant until he was terminated for alleged misappropriation of funds collected at the parking lot. Claimant's application for unemployment insurance benefits was granted by the Board, which found insufficient evidence to establish that claimant engaged in misconduct. The employer appeals contending, inter alia, that this decision is not supported by substantial evidence. Upon review of the record, we disagree...

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