MATTER OF PASSARELLI


226 A.D.2d 862 (1996)

640 N.Y.S.2d 668

In the Matter of the Claim of Cesare J. Passarelli, Respondent. Yonkers Roscoe Company, Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

April 11, 1996


After a dispute with his employer about a painting assignment, claimant was terminated from his position as a building superintendent. An arbitrator subsequently ruled that the employer had just cause to discharge claimant. Based upon the findings of fact in the arbitrator's decision, the Board found that claimant had not been terminated for misconduct and, therefore, found him eligible to receive unemployment insurance benefits. The employer challenges the Board's decision...

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