MATTER OF GONZALEZ


247 A.D.2d 748 (1998)

669 N.Y.S.2d 93

In the Matter of the Claim of Raymond Gonzalez, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

February 19, 1998


Claimant was employed as a lavatory attendant for a race track until he was discharged after two supervisors observed him sleeping during work hours. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because he was terminated due to misconduct. Upon our review of the record, we find substantial evidence exists to support the Board's decision and, accordingly, affirm. Although claimant stated that he was aware of the employer...

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