In re the Claim of Marshall

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 28, 1980, which affirmed an administrative law judge’s decision overruling an initial determination of the Commissioner of Labor disqualifying claimant from receiving benefits because she lost her employment due to misconduct. The pertinent facts are set forth in this court’s prior decision in this matter (Matter of Marshall [Proctor & Gamble Mfg. Co. —Ross], 83 AD2d 667). In that decision we withheld determination of this appeal to allow the employer or Commissioner of Labor to apply to the board to have the…