New York Court of Appeals
In the Matter of the Claim of Leola James, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent. in…
July 11, 197434 N.Y.2d 491
Summary
The New York Court of Appeals affirmed the Appellate Division's decisions denying unemployment benefits to three claimants, holding that the doctrine of provoked discharge is limited to the specific circumstances of Matter of Malaspina and does not apply to ordinary misconduct discharges. The Court emphasized that the statutory disqualification for misconduct suffices and cautioned the Division to restrict its use of the doctrine.