In re Cassaro

Appellate Division of the Supreme Court of New York

In re Cassaro

221 A.D.2d 790, 633 N.Y.S.2d 426, 1995 N.Y. App. Div. LEXIS 11763

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1995

StatusPublished

Cited by5 cases

This text of 221 A.D.2d 790 (In re Cassaro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Cassaro, 221 A.D.2d 790, 633 N.Y.S.2d 426, 1995 N.Y. App. Div. LEXIS 11763 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 11, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

[791]*791Claimant, an assistant manager of a video store, was discharged from his employment after he left for the day without permission. The Board denied claimant’s application for unemployment insurance benefits finding that claimant was terminated for misconduct. Given the evidence in the record, which establishes that claimant wished to leave work early because he was dissatisfied with another employee’s promotion and, in fact, left despite a warning by his supervisor not to do so, we find that substantial evidence supports the Board’s decision.

Mikoll, J. P., Mercure, Crew III, White and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 11, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

[791]*791Claimant, an assistant manager of a video store, was discharged from his employment after he left for the day without permission. The Board denied claimant’s application for unemployment insurance benefits finding that claimant was terminated for misconduct. Given the evidence in the record, which establishes that claimant wished to leave work early because he was dissatisfied with another employee’s promotion and, in fact, left despite a warning by his supervisor not to do so, we find that substantial evidence supports the Board’s decision.

Mikoll, J. P., Mercure, Crew III, White and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

221 A.D.2d 790, 633 N.Y.S.2d 426, 1995 N.Y. App. Div. LEXIS 11763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cassaro-nyappdiv-1995.

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