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MATTER OF PERRY

511214.

90 A.D.3d 1434 (2011)

935 N.Y.S.2d 231

2011 NY Slip Op 9557

In the Matter of the Claim of CHERYL A. PERRY, Respondent. SUMMIT SECURITY SERVICES, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided December 29, 2011.

PETERS, J.P.

The facts of this case are not in dispute. Claimant was discharged from her employment with Summit Security Services, Inc. under circumstances constituting misconduct pursuant to the Labor Law. Claimant did not apply for unemployment insurance benefits at that time and began working for another employer. Claimant earned at least five times her weekly benefit rate while working for the subsequent employer. Claimant...

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