MATTER OF CLAIM OF KUNKEL

513254.

95 A.D.3d 1584 (2012)

945 N.Y.S.2d 773

2012 NY Slip Op 4062

In the Matter of the Claim of GARY P. KUNKEL, Appellant. and COMMISSIONER OF LABOR, Respondent.

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

Decided May 24, 2012.


LAHTINEN, J.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment as a press operator due to disqualifying misconduct. The record establishes that on April 2, 2010, claimant removed two boxes of used metal plates from the employer's premises in violation of the employer's policy for disposal of such property and sold them for $99. Furthermore, claimant's supervisor testified that on March 12...

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