Legal Opinion

In re Wright

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2012Published

1Opinion of the Court

*1199The same conduct that leads to a claimant being discharged for cause may not necessarily rise to the level of misconduct for unemployment insurance purposes (see Matter of Irons [TLC W., LLC — Commissioner of Labor], 79 AD3d 1511, 1512 [2010]; Matter of Spierto [Commissioner of Labor], 78 AD3d 1365, 1365 [2010]; Matter of Dunham [Commissioner of Labor], 68 AD3d 1328, 1329 [2009]). “[Wlhether a claimant’s behavior has risen to the level of disqualifying misconduct is a factual question for the Board to resolve and its decision will not be disturbed if supported by substantial evidence” (Matter…

2Cases cited4 opinions

  1. In re the Claim of IronsAppellate Division of the Supreme Court of the State of New York · 2010
  2. In re the Claim of DunhamAppellate Division of the Supreme Court of the State of New York · 2009
  3. In re the Claim of PittsAppellate Division of the Supreme Court of the State of New York · 2003
  4. In re SpiertoAppellate Division of the Supreme Court of the State of New York · 2010

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