Legal Opinion
Matter of Tracy (Commr. of Labor)
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2016No. 522002PublishedCited by 3 opinions
1Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 16, 2015, as superceded by decision filed September 20, 2016, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant, an operations supervisor at an electronics store, was discharged from her employment after she consumed a soda from the employer’s cooler—on two separate occasions— without paying for either. The Unemployment Insurance Appeal Board, reversing a decision of an Administrative Law Judge, denied her…
2Cases cited5 opinions
- In re the Claim of OlanAppellate Division of the Supreme Court of the State of New York · 1977
- In re the Claim of FordAppellate Division of the Supreme Court of the State of New York · 2004
- In re MauskoffAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Claim of BenderAppellate Division of the Supreme Court of the State of New York · 2007
- In re Claim HotalingAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by3 opinions
- Matter of Harry's Nurses Registry, Inc. (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2019
- Matter of Komar (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2023
- Matter of Watts (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2025