MATTER OF WEINER


47 A.D.3d 1040 (2008)

850 N.Y.S.2d 658

In the Matter of the Claim of MAGDALA M. WEINER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 10, 2008.


Claimant worked as a sales associate at a department store and purchased a returned fur coat at a significant discount to its listed price without the requisite management authorization. Following an investigation of this incident, claimant was terminated from her position. The Unemployment Insurance Appeal Board ruled that she was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant appeals.

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