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MATTER OF RIFKIN

212 A.D.2d 929 (1995)

622 N.Y.S.2d 630

In the Matter of the Claim of Robert A. Rifkin, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

February 16, 1995

The Board found that claimant, without his employer's permission, threw away certain documents and files belonging to the employer. As a result, he was discharged. The Board also found that claimant, an attorney, should have known that he should not have disposed of the files. Given these findings and the record before us, there is substantial evidence to support the Board's conclusion that claimant's actions constituted misconduct...

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