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MATTER OF BENDER

36 A.D.3d 1041 (2007)

826 N.Y.S.2d 843

In the Matter of the Claim of JAMES R. BENDER, Appellant. OLUMS OF BINGHAMTON, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided January 11, 2007.

From October 2002 through April 2005, claimant worked for a furniture retailer as a refinisher in the warehouse shop. He was discharged after he attempted to steal a mattress pad from the warehouse. The Unemployment Insurance Appeal Board denied his claim for unemployment insurance benefits on the ground that he was discharged for misconduct. Claimant now appeals.

We affirm. It is well settled that an employee's apparent...

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