Legal Opinion · Dissent

In re the Claim of Strauss

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 1996Published

1Dissent

Mikoll, J. (dissenting). I respectfully dissent.

If an employee fails to follow his employer’s stated rules and policies or repeatedly commits negligent acts, either scenario constitutes misconduct (see, Matter of Gallo [Hudacs], 206 AD2d 649). The record amply supports a finding of misconduct. Ordered that the decision is affirmed, without costs.

2Cases cited1 opinion

  1. In re the Claim of GalloAppellate Division of the Supreme Court of the State of New York · 1994