In re the Claim of Cruz

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 14, 1980, which affirmed a decision of an Administrative Law Judge overruling an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because he lost his employment through misconduct. At issue on this appeal by claimant’s employer is whether the board gave a proper construction to subdivision 4 of section 162 of the Labor Law in deciding claimant was not guilty of misconduct that would disqualify him from receiving unemployment insurance benefits. The enactment…