MATTER OF ROSE


282 A.D.2d 857 (2001)

723 N.Y.S.2d 540

In the Matter of the Claim of MICHAEL J. ROSE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 12, 2001.


Claimant was discharged from his employment as a utility worker for a casino after it was discovered that on 14 occasions he had purchased gasoline for his personal vehicle and charged it to the employer without permission. The record reveals that in the event a utility worker was required to use his or her personal vehicle during the course of employment, the employee was to apply for mileage reimbursement. Under these circumstances, substantial evidence supports the decision...

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