MATTER OF PERRY


283 A.D.2d 754 (2001)

724 N.Y.S.2d 133

In the Matter of the Claim of JOHN K. PERRY, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 10, 2001.


Claimant was employed as a human resource specialist for the employer. Claimant was discharged from his employment after it was discovered that he used his computer terminal to frequently access pornographic websites during working hours. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he engaged in misconduct. Claimant maintained that his behavior was nonvolitional given his "impulse control...

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