MATTER OF GALLAGHER


298 A.D.2d 828 (2002)

749 N.Y.S.2d 331

In the Matter of the Claim of ROBERT J. GALLAGHER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided October 31, 2002.


Claimant was suspended from his position as a senior insurance examiner after criminal charges were filed against him stemming from his purchase and sale of stock options from an insurance company which was regulated by his employer. The Unemployment Insurance Appeal Board subsequently denied claimant's application for unemployment insurance benefits finding that he engaged in disqualifying misconduct. It is well settled that "[a]n employee's apparent dishonesty or failure...

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