MATTER OF REYES

524664.

153 A.D.3d 1551 (2017)

2017 NY Slip Op 06705

60 N.Y.S.3d 714

In the Matter of the Claim of RICHARD REYES, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 28, 2017.


On November 21, 2015, claimant, a sales associate for a department store, was given a final written warning regarding his tardiness, which claimant signed. Three days later, despite being aware that his job was in jeopardy, claimant arrived for work 45 minutes late and was terminated from his employment. Claimant subsequently applied for and obtained unemployment insurance benefits based upon his representation that he lost his...

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