In re the Claim of Robles

New York Court of Appeals

In re the Claim of Robles

416 N.E.2d 1037, 51 N.Y.2d 955, 435 N.Y.S.2d 701, 1980 N.Y. LEXIS 2820

DecidedNovember 18, 1980

StatusPublished

This text of 416 N.E.2d 1037 (In re the Claim of Robles) is published on Counsel Stack Legal Research, covering New York Court of Appeals 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 Robles, 416 N.E.2d 1037, 51 N.Y.2d 955, 435 N.Y.S.2d 701, 1980 N.Y. LEXIS 2820 (N.Y. 1980).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The record contains substantial evidence to support the finding that claimant’s employment was terminated for misconduct. We note that, contrary to claimant’s contention, misconduct remains a statutory ground which renders an employee ineligible for unemployment benefits (Labor Law, § 593), and was not affected by cases limiting the provoked discharge doctrine (e.g., Matter of De Grego [Levine], 39 NY2d 180, 184; Matter of James [Levine], 34 NY2d 491).

[957]*957Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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