In re the Claim of Moran

95 A.D.3d 1586 (N.Y. App. Div. 2012) · Appellate Division of the Supreme Court of the State of New York, Third Department · May 24, 2012

Summary

The Appellate Division affirmed an Unemployment Insurance Appeal Board decision disqualifying the claimant from receiving benefits because her employment was terminated for misconduct. The court held that substantial evidence supported the finding that the claimant forged a patient's mother's signature on an insurance form, and it deferred to the Hearing Officer's credibility determinations.

Holdings

  1. An employee's falsification of business documents may constitute misconduct disqualifying the employee from receiving unemployment insurance benefits; claimant's conduct here constituted such misconduct.
  2. Substantial evidence supported the Unemployment Insurance Appeal Board's decision, and the Appellate Division would not disturb it.

Questions Presented

  1. Whether claimant's falsification of an insurance form constituted misconduct disqualifying her from receiving unemployment insurance benefits.
  2. Whether substantial evidence supported the Unemployment Insurance Appeal Board's determination despite conflicting testimony.

Disposition

affirmed

Cases Cited (4)

  • Matter of Novak [Commissioner of Labor], 52 A.D.3d 1144, 1145 (2008)(followed)
  • Matter of McFarlane [Commissioner of Labor], 51 A.D.3d 1317, 1318 (2008), lv. denied, 11 N.Y.3d 710 (2008)(followed)
  • Matter of Lumbrazo [Environmental Remediation Servs., Inc. — Commissioner of Labor], 79 A.D.3d 1500, 1500 (2010)(followed)
  • Matter of Messado [City of New York — Commissioner of Labor], 76 A.D.3d 740, 741 (2010)(followed)

Cited In (0)

No citing cases on record yet.

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