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MATTER OF PLUCKHAN

256 A.D.2d 1024 (1998)

683 N.Y.S.2d 326

In the Matter of the Claim of MARYBETH E. PLUCKHAN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 30, 1998.

Mikoll, J. P.

When this matter was originally before us (245 A.D.2d 997), we considered claimant's argument that she was improperly disqualified from receiving unemployment benefits because the misconduct prompting her termination was caused by alcoholism. We noted that alcoholism may excuse what would otherwise be disqualifying misconduct if substantial evidence establishes that (1...

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