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MATTER OF CLAIM DEPRETA v. COMMISSIONER OF LABOR

521526.

140 A.D.3d 1491 (2016)

34 N.Y.S.3d 267

2016 NY Slip Op 04990

In the Matter of the Claim of TINA DEPRETA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 23, 2016.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a pharmacy technician, lost her employment due to disqualifying misconduct. The record establishes that claimant, who had ordered two prescription bottles through the employer, left the employer's premises with one of the prescription bottles without first paying for it. Although claimant subsequently paid for the prescription...

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