MATTER OF WALLACE


241 A.D.2d 615 (1997)

659 N.Y.S.2d 340

In the Matter of the Claim of Gordon J. Wallace, Respondent. Pepsi-Cola Allied Bottlers, Inc., Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

July 3, 1997


Claimant worked for the employer as a vending service route worker from February 3, 1996 until May 6, 1996. He was discharged from his position for poor work performance. Claimant was initially disqualified from receiving unemployment insurance benefits on the basis that he was terminated for misconduct. Following a hearing, an Administrative Law Judge overruled the initial determination and found that claimant was entitled to receive benefits. This decision was affirmed...

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