IN THE MATTER OF McKOY


27 A.D.3d 922 (2006)

810 N.Y.S.2d 585

In the Matter of the Claim of JAMES A. McKOY, JR., Respondent. LB&B ASSOCIATES, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

March 16, 2006.


Kane, J.

Claimant was employed as an HVAC technician when he was discharged for failing to adhere to the employer's written policy prohibiting employees from being away from their assigned work location without permission. The Unemployment Insurance Appeal Board thereafter determined that claimant was entitled to receive unemployment insurance benefits because, in its estimation, he had not been terminated due to misconduct. The employer now appeals.

We affirm...

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