MATTER OF SARMIENTO


287 A.D.2d 851 (2001)

731 N.Y.S.2d 519

In the Matter of the Claim of MARTA SARMIENTO, Respondent. NEWSDAY, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided October 18, 2001.


Claimant was discharged from her employment in a packaging department after she allegedly uttered a racial epithet in Spanish to a fellow employee in violation of the employer's rules of employee conduct. Claimant's application for unemployment insurance benefits was initially denied on the ground that she had lost her employment due to misconduct. At the hearing that ensued before an Administrative Law Judge (hereinafter ALJ), testimony was given by both claimant and the...

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