MATTER OF MILLER


234 A.D.2d 832 (1996)

651 N.Y.S.2d 244

In the Matter of the Claim of Alfred J. Miller, Appellant. Uihlein Mercy Center, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

December 19, 1996


Discharged from his position as a certified nursing assistant for a health care center, claimant's application for unemployment insurance benefits was denied by the Board on the ground that he was terminated for misconduct. We reject claimant's contention that this determination is not supported by substantial evidence. The record reveals that claimant was discharged after he left a female resident unattended for two hours. During this time period, the resident was uncovered...

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