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In the Matter of the Claim of MICHAEL JURECZKO, Respondent. NEW YORK CITY DEPARTMENT OF GENERAL SERVICES, Appellant; JOHN E. SWEENEY, as Commissioner of Labor, Respondent.

Claimant, an engineering technician, was discharged from his provisional appointment because of his failure to take a civil service examination. After a hearing, an Administrative Law Judge determined that claimant had provoked his discharge by failing to take the examination and was, therefore, disqualified from receiving benefits. The Board, however, subsequently reversed this determination and awarded claimant benefits. Inasmuch as there was uncontradicted evidence that claimant was not informed that taking the examination was a condition precedent to becoming a permanent employee, we find that the Board's decision is supported by substantial evidence.

Cardona, P.J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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MATTER OF JURECZKO
(Jun 1, 1995)