IN THE MATTER OF KEMP


25 A.D.3d 1054 (2006)

807 N.Y.S.2d 484

In the Matter of the Claim of DE MARCUS KEMP, Appellant. COMMISSIONER OF LABOR, Respondent.

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

January 26, 2006.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant lost his job as a direct care counselor due to disqualifying misconduct. The record establishes that while on a 10-day suspension for letting an unauthorized driver operate the company vehicle, claimant called his supervisor to discuss a temporary change in his schedule. According to claimant's supervisor, claimant began using profanities and wanted to "meet after work...

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