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MATTER OF MOSHER

41 A.D.3d 1005 (2007)

839 N.Y.S.2d 262

In the Matter of the Claim of BRYAN R. MOSHER, Respondent. CITY OF BATAVIA, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided June 14, 2007.

Claimant worked as a police officer for the City of Batavia from 2004 until his suspension in October 2005, after which he applied for unemployment insurance benefits. He officially resigned from his position in December 2005. The Department of Labor issued an initial determination finding claimant ineligible to receive benefits because his employment was terminated due to misconduct. Following a hearing, an Administrative Law Judge overruled the initial determination, finding...

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