MATTER OF CARR


253 A.D.2d 931 (1998)

678 N.Y.S.2d 152

In the Matter of the Claim of Andrew Carr, Appellant. Commissioner of Labor, Respondent

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

September 10, 1998


Claimant was discharged from his employment as a security guard for a building management company after he was found sleeping while working the midnight to 8:00 A.M. shift. Although claimant maintained that it was common practice to sleep, the record indicates that he had been warned on two prior occasions that such conduct was not acceptable. Given claimant's admission that he was sleeping, we conclude that substantial evidence supports the decision of the Unemployment Insurance...

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