MATTER OF CLAIM OF TRACY

522002.

145 A.D.3d 1218 (2016)

2016 NY Slip Op 08269

42 N.Y.S.3d 483

In the Matter of the Claim of JORDAN E. TRACY, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 8, 2016.


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 application for unemployment insurance benefits on the basis that she engaged in disqualifying misconduct. Claimant appealed from that decision.

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