In re the Claim of Cervone

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 22, 2001, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a clerk at a delicatessen, was discharged after he failed to charge a customer for a sandwich and offered no explanation for his actions when confronted by management. The record establishes that claimant was aware of the employer’s policy of not giving away food, having previously been warned…