IN THE MATTER OF OLMSTEAD


8 A.D.3d 727 (2004)

777 N.Y.S.2d 776

In the Matter of the Claim of TONYA A. OLMSTEAD, Appellant. COMMISSIONER OF LABOR, Respondent.

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

June 3, 2004.


Claimant was discharged from her position as a sales associate at a gas station and convenience store after she was observed on videotape stealing cigarettes. Criminal charges were brought against her as a result of this incident and were adjourned in contemplation of dismissal in exchange for her payment of restitution in the amount of $120. The Department of Labor found claimant eligible to receive unemployment insurance benefits and this determination was upheld by an...

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