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MATTER OF SARSON v. COM. OF LABOR

521428.

138 A.D.3d 1327 (2016)

28 N.Y.S.3d 634

2016 NY Slip Op 03039

In the Matter of the Claim of FRANK C. SARSON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 21, 2016.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a utility worker with a food service company, lost his employment due to misconduct (see Matter of Shafer [Commissioner of Labor], 107 A.D.3d 1280, 1280 [2013]). The record establishes that claimant was discharged from his employment following an investigation by the employer into complaints that he made racial slurs to a...

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