In re the Claim of Winters

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 10, 2012, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant, a school custodian, was charged under Civil Service Law § 75 with misconduct, incompetence and insubordination. Following a hearing, he was found guilty of misconduct and insubordination as the result of numerous incidents, including that he slept on duty in February 2009 and used vacation days in May 2010 without giving proper notice or obtaining authorization to do so. The Hearing Officer further determined…