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IN THE MATTER OF KITETA

4 A.D.3d 712 (2004)

771 N.Y.S.2d 917

In the Matter of the Claim of RUTH KITETA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

February 26, 2004.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was discharged from her employment as a laboratory technician in the employer's blood bank due to misconduct. On December 25, 2000, claimant reported to work late and a coworker reported that claimant appeared to be under the influence of something. Security guards were sent to the lab to assess the situation and reported that...

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