IN THE MATTER OF SMITH


20 A.D.3d 789 (2005)

797 N.Y.S.2d 925

In the Matter of the Claim of KEVIN E. SMITH, Appellant. COMMISSIONER OF LABOR, Respondent.

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

July 21, 2005.


Claimant was employed as an attorney at a law firm for 18 months. He was terminated from his position after he left a message on the voice mail of one of the partners in which he used vulgar and profane language to complain about a work assignment and the manner in which he had been treated. The Unemployment Insurance Appeal Board ultimately ruled that he was disqualified from receiving unemployment insurance benefits because he was terminated due to misconduct and adhered...

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