MATTER OF JURECZKO


216 A.D.2d 621 (1995)

627 N.Y.S.2d 181

In the Matter of the Claim of Michael Jureczko, Respondent. New York City Department of General Services, Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

June 1, 1995


Claimant, an engineering technician, was discharged from his provisional appointment because of his failure to take a civil service examination. After a hearing, an Administrative Law Judge determined that claimant had provoked his discharge by failing to take the examination and was, therefore, disqualified from receiving benefits. The Board, however, subsequently reversed this determination and awarded claimant benefits. Inasmuch as there was uncontradicted evidence that...

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