MATTER OF DZUGAS-SMITH


60 A.D.3d 1178 (2009)

875 N.Y.S.2d 320

In the Matter of the Claim of STEPHEN DZUGAS-SMITH, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 12, 2009.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was discharged from his employment due to disqualifying misconduct. "A claimant's failure to comply with an employer's policies or acting in a manner that is potentially detrimental to the employer's best interest may constitute disqualifying misconduct, particularly where prior warnings have been issued" (Matter of Ruggiero [Commissioner of Labor],

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