MATTER OF RULAND

516004.

109 A.D.3d 1068 (2013)

971 N.Y.S.2d 592

2013 NY Slip Op 6053

In the MATTER OF the Claim of EDWARD J. RULAND, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 26, 2013.


Claimant, a security officer working the night shift in a hospital emergency department, was discharged for sleeping on the job. Despite having been previously notified that such behavior was prohibited and could result in termination, claimant conceded that he dozed off while on duty. Inasmuch as the Unemployment Insurance Appeal Board properly found from this evidence that claimant acted in a manner "detrimental to the employer's interest or in violation of a reasonable...

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