MATTER OF O'SHEA


233 A.D.2d 736 (1996)

650 N.Y.S.2d 1014

In the Matter of the Claim of Kevin O'Shea, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

November 21, 1996


Claimant was employed as a maintenance worker assigned to work at a building owned by IBM, a customer of the employer's property management service. Claimant was discharged after it was discovered that he had taken a computer terminal from the office premises at IBM, concealing it in a storage area in violation of the employer's policy prohibiting the commingling of its assets with those of its clients. It was uncontested that claimant did not need a computer to perform his...

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