MATTER OF DE MARIA


276 A.D.2d 1010 (2000)

714 N.Y.S.2d 588

In the Matter of the Claim of JAMES DE MARIA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided October 26, 2000.


Claimant challenges the decision of the Unemployment Insurance Appeal Board which determined that claimant's dismissal from his employment as a lead aircraft mechanic after he was found in a remote area asleep in a deicer truck amounted to disqualifying misconduct. Claimant's supervisor testified that when he climbed onto the deicer truck to look in the window, he saw claimant reclined in the seat and, although he could not discern whether claimant's eyes were closed, claimant...

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