IN THE MATTER OF GASTON v. COMMISSIONER OF LABOR

511470.

87 A.D.3d 778 (2011)

927 N.Y.S.2d 808

2011 NY Slip Op 6167

In the Matter of the Claim of VICTOR GASTON, Appellant. v. COMMISSIONER OF LABOR, Respondent.

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

Decided August 4, 2011.


Claimant was employed as a building maintenance worker for the employer for approximately two months when his supervisor noticed him standing in a building lobby with an unlit cigarette in his mouth and reprimanded him. Upset at the manner in which he had been addressed, claimant left the job site and never returned to his employment. The Unemployment Insurance Appeal Board denied claimant's request for unemployment insurance benefits and he now appeals.

We affirm...

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