In re the Claim of Robles — 51 N.Y.2d 955

Majority

p. 955

In the Matter of the Claim of Jose A. Robles, Appellant. Philip Ross, as Industrial Commissioner, Respondent.

Submitted October 10, 1980;

decided November 18, 1980

p. 956

APPEARANCES OF COUNSEL

Henry Zelman and Louis B. York for appellant.

Robert Abrams, Attorney-General (Paul S. Shemin of counsel), for respondent.

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 ).

p. 957

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Cases cited

In re the Claim of De Grego 39 NY2d 180 N.Y. 1976-04-08 at 184 p. 956
In re Claim of James 34 NY2d 491 N.Y. 1974-07-11 p. 956