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MATTER OF CLAIM OF BALAY

516573.

111 A.D.3d 1016 (2013)

974 N.Y.S.2d 307

2013 NY Slip Op 7243

In the Matter of the Claim of KIRK BALAY, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 7, 2013.

Substantial evidence supports the determination of the Unemployment Insurance Appeal Board that claimant, a security guard, lost his employment due to disqualifying misconduct and was ineligible for unemployment insurance benefits. The Board credited testimony that claimant was terminated after he repeatedly used his personal cell phone while he was working, despite warnings not to (see Matter of Dzaba [Commissioner of Labor], 6 A.D.3d 907

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