IN THE MATTER OF CLAIM OF DIAZ

509332.

78 A.D.3d 1402 (2010)

912 N.Y.S.2d 448

In the Matter of the Claim of JOSE G. DIAZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 18, 2010.


Claimant worked as a merchandise handler for the employer for approximately two years before his employment was terminated in September 2008 for an unauthorized leave of absence. Claimant thereafter applied for unemployment insurance benefits, and the Department of Labor issued an initial determination that, as relevant here, disqualified claimant from receiving benefits on the basis that he lost his employment due to misconduct. Ultimately, the Unemployment Insurance Appeal...

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