In re the Claim of Boulware

Appellate Division of the Supreme Court of New York

In re the Claim of Boulware

65 A.D.2d 837, 409 N.Y.S.2d 711, 1978 N.Y. App. Div. LEXIS 13735

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

DecidedNovember 2, 1978

StatusPublished

This text of 65 A.D.2d 837 (In re the Claim of Boulware) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Boulware, 65 A.D.2d 837, 409 N.Y.S.2d 711, 1978 N.Y. App. Div. LEXIS 13735 (N.Y. Ct. App. 1978).

Pincite

Opinion

Decision affirmed, without costs. No opinion. Kane, Main and Larkin, JJ., concur; Greenblott, J. P., and Mikoll, J., dissent and vote to reverse in the following memoran[838]*838dum by Mikoll, J. Mikoll, J. (dissenting). We respectfully dissent. Claimant’s act of inadvertently leaving a can of paint open after being instructed to cover cans of paint constituted a minor violation of a work rule. Such behavior does not rise to the level of misconduct. The decision should be reversed.

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Decision affirmed, without costs. No opinion. Kane, Main and Larkin, JJ., concur; Greenblott, J. P., and Mikoll, J., dissent and vote to reverse in the following memoran[838]*838dum by Mikoll, J. Mikoll, J. (dissenting). We respectfully dissent. Claimant’s act of inadvertently leaving a can of paint open after being instructed to cover cans of paint constituted a minor violation of a work rule. Such behavior does not rise to the level of misconduct. The decision should be reversed.

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Bluebook (online)

65 A.D.2d 837, 409 N.Y.S.2d 711, 1978 N.Y. App. Div. LEXIS 13735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-boulware-nyappdiv-1978.