MATTER OF GEWIRTZ


276 A.D.2d 1011 (2000)

714 N.Y.S.2d 586

In the Matter of the Claim of STEVEN GEWIRTZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided October 26, 2000.


Claimant was discharged from his employment as a drug store pharmacist after an investigation revealed that he filled several hundred dollars worth of prescriptions for a store security guard without ringing them through the cash register, charging the co-payment or billing the security guard's insurance company. Although claimant testified that he was unable to properly process the prescriptions because the insurance company's computer was not functioning, the employer's...

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