Appellate Division of the Supreme Court of New York, 1978

In re the Claim of Boulware

In re the Claim of Boulware
Appellate Division of the Supreme Court of New York · Decided November 2, 1978
65 A.D.2d 837; 409 N.Y.S.2d 711; 1978 N.Y. App. Div. LEXIS 13735
In re the Claim of Boulware

Opinion of the Court

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*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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