MATTER OF LUMBRAZO

509701.

79 A.D.3d 1500 (2010)

913 N.Y.S.2d 408

In the Matter of CHAD M. LUMBRAZO, Respondent. ENVIRONMENTAL REMEDIATION SERVICES, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided December 23, 2010.


Claimant worked as a job site supervisor for a demolition and remediation contractor. He was terminated from his position in September 2006 following an incident in which he was observed removing copper tubing from a job site and putting it into his car. The copper tubing apparently belonged to another contractor at the job site and the employer reimbursed the contractor $309.14 for the missing materials. Claimant was initially denied unemployment insurance benefits on the...

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