MATTER OF GOLDMAN


42 A.D.3d 847 (2007)

840 N.Y.S.2d 455

In the Matter of the Claim of TINA GOLDMAN, Appellant. BRONX-LEBANON HOSPITAL CENTER, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided July 26, 2007.


Claimant worked as an office manager at a hospital. After a coworker reported that claimant had smoked in the office they shared, thereby violating the employer's policy prohibiting smoking on the premises, the employer conducted an investigation. Based upon the evidence adduced, the employer planned to terminate claimant's employment. Claimant resigned from her position in lieu of being discharged and applied for unemployment insurance benefits. The Unemployment Insurance...

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