Kons v. Gaylord Community Hospital

*483SPECIAL TERM OPINION

WOZfTIAK, Chief Judge.

FACTS

A claims deputy initially ruled that respondent Richard Kons was disqualified from receiving unemployment benefits, due to misconduct. That decision was reversed by an appeals referee, who found Kons was entitled to benefits. The Commissioner’s representative affirmed the decision of the referee, agreeing that Kons is eligible for unemployment compensation. Kons’ former employer, relator Gaylord Community Hospital, timely obtained a writ of certiora-ri from this court for review of the Commissioner’s decision. The Commissioner moves to discharge…