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IN THE MATTER OF CLAIM OF ALEXANDER

7 A.D.3d 860 (2004)

776 N.Y.S.2d 142

In the Matter of the Claim of CATHERINE M. ALEXANDER, Appellant. CITY UNIVERSITY OF NEW YORK, 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 her employment as a computer help-desk technician in the college computer center when, despite prior warnings, she continued to do her homework during working hours. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct. Claimant appeals.

Initially, we are unpersuaded by the employer's contention

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