MATTER OF LeSANE

526935.

168 A.D.3d 1339 (2019)

92 N.Y.S.3d 734

2019 NY Slip Op 00660

In the Matter of Robert M. LeSane, Appellant. Commissioner of Labor, Respondent.

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

Decided January 31, 2019.


After three years of disciplinary action and a final written warning, claimant, a maintenance worker at a grocery store, was terminated after arriving late to work. Claimant filed a claim for unemployment insurance benefits, which was denied on the ground that he was discharged for misconduct. After a hearing upon claimant's request, the determination was upheld by an Administrative Law Judge and, later, by the Unemployment Insurance Appeal Board. Claimant appeals, and we...

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