Matter of Rosedietcher (Levine)

We are called upon to decide whether the concealment of a prior arrest on an application for employment constitutes “ misconduct ” in connection with employment within the meaning of the Labor Law.

Claimant appeals as of right on constitutional grounds from an order of the Appellate Division which unanimously affirmed a decision of the Unemployment Insurance Appeal Board, sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving unemployment benefits.

After claimant had been employed for approximately nine months as an audit clerk by a…