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In re the Claim of Boulware

65 A.D.2d 837 Court N.Y. App. Div. Decision date 1978-11-02 English

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p. 837
In the Matter of the Claim of Edward Boulware, Appellant. Philip Ross, as Industrial Commissioner, Respondent.

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

p. 838
dum 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.