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MATTER OF McCOOL

60 A.D.3d 1117 (2009)

875 N.Y.S.2d 297

In the Matter of RAYMOND D. McCOOL, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 5, 2009.

Claimant was discharged from his position as a truck driver after a criminal background check conducted by the employer revealed two prior felony convictions which had not been disclosed on his employment application. Although he had initially received unemployment insurance benefits, the Unemployment Insurance Appeal Board ultimately determined that claimant lost his employment through misconduct for falsely indicating on the...

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