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MATTER OF CLAIM OF GIL

508075

73 A.D.3d 1371 (2010)

901 N.Y.S.2d 397

In the Matter of the Claim of TERESA D. GIL, Appellant. MIDDLETOWN COMMUNITY HEALTH CENTER, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided May 20, 2010.

Substantial evidence in the record supports the Unemployment Insurance Appeal Board's ruling that claimant's failure to take a lunch break constituted disqualifying misconduct. After becoming concerned about claimant's penchant for leaving work to run personal errands and skipping lunch in an attempt to make up the lost time, her supervisor directed that she take lunch at a specific time and use leave time for other absences. When...

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