Opinion
Submitted October 10, 1980
Decided November 18, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Henry Zelman and Louis B. York for appellant.
Robert Abrams, Attorney-General (Paul S. Shemin of counsel), for respondent.
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 N.Y.2d 180, 184; Matter of James [ Levine], 34 N.Y.2d 491).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.