MATTER OF GALLMAN

521657.

138 A.D.3d 1296 (2016)

30 N.Y.S.3d 746

2016 NY Slip Op 02894

In the Matter of the Claim of CORETHA D. GALLMAN, Respondent. BAPTIST HEALTH ENRICHED HOUSING PROGRAM, INC., Doing Business as JUDSON MEADOWS, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided April 14, 2016.


Claimant was discharged from her employment as a home health aid for an assisted living facility for sleeping on duty during her night shift, after having received a final warning advising her that such conduct could lead to her discharge. The Unemployment Insurance Appeal Board accepted claimant's testimony, finding that she was entitled to unemployment insurance benefits as the evidence did not establish that she was sleeping on duty or that she was terminated under disqualifying...

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