Opinion
DOCKET NO. A-0347-11T4
02-15-2013
JOHN STEWART, Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, and MOUNTAIN ACCESSORIES, INC., Respondents.
John Stewart, appellant, argued the cause pro se. Jeffrey S. Chiesa, Attorney General, attorney for respondent Board of Review, Department of Labor (Lisa N. Lackay, Deputy Attorney General, on the statement in lieu of brief). Respondent Mountain Accessories, Inc., has withdrawn its brief.
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Before Judges Simonelli and Accurso.
On appeal from the Board of Review, Department of Labor and Workforce Development, Docket No. 259,226.
John Stewart, appellant, argued the cause pro se.
Jeffrey S. Chiesa, Attorney General, attorney for respondent Board of Review, Department of Labor (Lisa N. Lackay, Deputy Attorney General, on the statement in lieu of brief).
Respondent Mountain Accessories, Inc., has withdrawn its brief. PER CURIAM
Appellant John Stewart appeals from the final decision of respondent Board of Review (Board), which affirmed the Appeal Tribunal's determination that he was disqualified for benefits under N.J.S.A. 43:21-5(b) because he was discharged from his employment for gross misconduct connected with the work. Following the filing of this appeal, the employer, respondent Mountain Accessories, Inc., withdrew its merits brief and opposition to appellant's request to remand to the Board for a new hearing. Accordingly, we reverse and remand for a new hearing. We do not retain jurisdiction.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION