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IN THE MATTER OF AVERETT

65 A.D.3d 1436 (2009)

885 N.Y.S.2d 439

In the Matter of the Claim of KEN N. AVERETT, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 24, 2009.

After claimant lost his job as a bus driver, the Department of Labor issued a determination ruling that he was disqualified from receiving unemployment insurance benefits because he was discharged for misconduct. At claimant's request, a hearing was conducted before an Administrative Law Judge (hereinafter ALJ) who issued a decision sustaining the Department of Labor's determination. Claimant appealed this decision and the Unemployment Insurance Appeal Board directed that...

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