MATTER OF CINTRON

516443.

110 A.D.3d 1427 (2013)

973 N.Y.S.2d 891

2013 NY Slip Op 7114

In the Matter of the Claim of DAMIAN M. CINTRON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided October 31, 2013.


Claimant was discharged from his employment as a warehouse employee when he failed to report to work, or call in to report his absence, in accordance with the employer's procedures, due to his arrest and incarceration on a charge of conspiracy in the fourth degree. In connection with his application for unemployment insurance benefits, claimant stated that he was not guilty of any wrongdoing related to his arrest. In September 2011, claimant pleaded guilty to a lesser count...

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