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MATTER OF GORDON

48 A.D.3d 1012 (2008)

853 N.Y.S.2d 188

In the Matter of the Claim of DAVID S. GORDON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 28, 2008.

Kavanagh, J.

Amid accusations of harassment and theft, claimant, an assistant in a podiatrist's office, was fired by his employer. He subsequently applied for unemployment insurance benefits, but was initially ruled to be ineligible due to his termination for misconduct. Upon claimant's request, hearings were conducted before an Administrative Law Judge (hereinafter ALJ) and claimant was ultimately awarded unemployment insurance benefits in a decision filed May 17...

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