MATTER OF ABREU

518450

120 A.D.3d 1501 (2014)

992 N.Y.S.2d 452

2014 NY Slip Op 06234

In the Matter of the Claim of RUBEN ABREU, Appellant. E. ARMATA, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided September 18, 2014.


Claimant, a driver who delivered wholesale produce, was discharged by the employer after evidence suggested that he had stolen 40 boxes of tomatoes by delivering them to the wrong address. The employer challenged the initial determination of the Department of Labor that claimant was entitled to unemployment insurance benefits and, following a hearing at which claimant did not appear, the Administrative Law Judge found that claimant had lost his employment due to disqualifying...

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