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MATTER OF MICHELSEN

252 A.D.2d 647 (1998)

675 N.Y.S.2d 208

In the Matter of the Claim of Charles T. Michelsen, Appellant. Lenox Hill Hospital, Respondent; Commissioner of Labor, Respondent

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

July 2, 1998

Claimant was terminated from his employment as a hospital porter for insubordination. The local unemployment office awarded claimant unemployment insurance benefits but, following a hearing, an Administrative Law Judge (hereinafter ALJ) ruled that claimant was disqualified from receiving benefits because the insubordination amounted to misconduct. The ALJ's decision, however, conflicted with the ruling and stated that the local...

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