Appellate Division of the Supreme Court of the State of New York January 22, 2004 (In re the Claim of Fairley)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 20, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as a home health aide working the night shift until she was discharged for sleeping on the job.