MATTER OF GARCIA

527258.

171 A.D.3d 1384 (2019)

96 N.Y.S.3d 918

2019 NY Slip Op 02939

In the Matter of the Claim of Yesenia F. Garcia, Respondent. Museum of Modern Art Corporation, Appellant. Commissioner of Labor, Respondent.

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

Decided April 18, 2019.


Claimant's employment was terminated for being disruptive at a weekly staff meeting. Claimant's application for unemployment insurance benefits was initially denied by the Department of Labor on the ground that her employment was terminated for misconduct, and this determination was upheld by an Administrative Law Judge following a hearing. The Unemployment Insurance Appeal Board, however, reversed this decision and found that claimant was entitled to receive benefits. The...

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