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IN THE MATTER OF MILLS

7 A.D.3d 845 (2004)

776 N.Y.S.2d 916

In the Matter of the Claim of JEROME E. MILLS, Appellant. UNISOURCE WORLDWIDE, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

May 6, 2004.

Claimant was discharged from his employment as a truck driver after it was discovered that, despite being advised that such conduct was not acceptable, he routinely took extended breaks. Inasmuch as "[r]efusal to obey an employer's reasonable rules and continued lateness after sufficient warnings can constitute misconduct barring receipt of unemployment insurance benefits" (Matter of Reichert [LOSCO Group — Commissioner of Labor], 256 A.D.2d...

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