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MATTER OF SPENCER

510269.

83 A.D.3d 1171 (2011)

920 N.Y.S.2d 454

In the Matter of the Claim of ARLEIGH SPENCER, Respondent. INTERNATIONAL SHOPPES, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided April 7, 2011.

PETERS, J.P.

The present appeal is the third occasion that this matter has been before us, and the facts are more fully set forth in our prior decisions. Briefly, we affirmed a decision of the Unemployment Insurance Appeal Board holding that claimant had been discharged from his employment for disqualifying misconduct and was not entitled to unemployment insurance benefits (Matter of Spencer [Commissioner of Labor], 22 A.D.3d 1010

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