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In the Matter of the Claim of

State of New York Supreme Court, Appellate Division Third Judicial Department


May 16, 2013

IN THE MATTER OF THE CLAIM OF MICHAEL A. ENGEL, APPELLANT. COMMISSIONER OF LABOR, RESPONDENT.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 3, 2012, which ruled, among other things, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

MEMORANDUM AND ORDER

Calendar Date: April 3, 2013

Before: Peters, P.J., Rose, Stein and Garry, JJ.

The facts of this case are more fully set out in our decision affirming a determination of the Unemployment Insurance Appeal Board that disqualified claimant from receiving unemployment insurance benefits due to his commission of a felony in connection with his employment (Matter of Engel [Commissioner of Labor], ___ AD3d ___ [appeal No. 515513, decided herewith]). Substantial evidence supports the Board's separate decision that claimant's behavior constituted disqualifying misconduct within the meaning of Labor Law § 593 (3) and that wages he received as a result of such employment cannot be used as the basis for a valid claim for benefits (see Labor Law § 527; Matter of Sinker [Sweeney], 89 NY2d 485, 488 [1997]; Matter of Vetro [Commissioner of Labor], 94 AD3d 1321, 1321 [2012]).

Peters, P.J., Rose, Stein and Garry, JJ., concur.

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20130516

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