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  5. 232 A.D.2d 718 (1996)
 

MATTER OF OPOKA

232 A.D.2d 718 (1996)

647 N.Y.S.2d 874

In the Matter of the Claim of Martin F. Opoka, Jr., Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

October 10, 1996

Claimant worked for the employer as a management information specialist for 6½ years. Following his conviction of the crime of driving while intoxicated, claimant was unavailable to report to work for 58 days because he was incarcerated in the local jail, as a result of which he was terminated from his position. The Board disqualified claimant from receiving unemployment insurance benefits on the basis that he was terminated...

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