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MATTER OF WASHINGTON

510401.

84 A.D.3d 1603 (2011)

922 N.Y.S.2d 821

In the Matter of the Claim of MICHELLE WASHINGTON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 19, 2011.

Claimant worked as a part-time cleaner for the employer for approximately three years, until her employment was terminated in April 2009 when her supervisor discovered her exiting the cafeteria with a drink in her hand during a non-break period. Claimant applied for unemployment insurance benefits and, ultimately, the Unemployment Insurance Appeal Board denied benefits on the ground that she lost her employment through misconduct...

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