In re the Claim of Abbott

Appellate Division of the Supreme Court of New York

In re the Claim of Abbott

238 A.D.2d 653, 655 N.Y.S.2d 681, 1997 N.Y. App. Div. LEXIS 3128

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

DecidedApril 3, 1997

StatusPublished

Cited by1 cases

This text of 238 A.D.2d 653 (In re the Claim of Abbott) 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 the Claim of Abbott, 238 A.D.2d 653, 655 N.Y.S.2d 681, 1997 N.Y. App. Div. LEXIS 3128 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 28, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

[654]*654Claimant was employed as a manufacturing engineer. His employment was terminated after he cut the power cord of an older piece of equipment in an effort to convince the employer that it should begin using the newer equipment that had been purchased but not yet installed. The Unemployment Insurance Appeal Board ruled that claimant had lost his employment under disqualifying circumstances. We affirm. A finding of misconduct will be sustained where the claimant’s actions were detrimental to his or her employer’s interests or violated generally accepted standards of employee behavior (see, Matter of Velazquez [Hudacs], 204 AD2d 928; Matter of Chapman [Hudacs], 190 AD2d 941). Claimant’s willful disabling of a piece of the employer’s equipment, although apparently well meant, caused a disruption in the employer’s operations, violating both the employer’s best interests and acceptable standards of employee conduct. Accordingly, the decision of the Board will not be disturbed.

Cardona, P. J., Mikoll, Mercure, Spain and Carpinello, 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 September 28, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

[654]*654Claimant was employed as a manufacturing engineer. His employment was terminated after he cut the power cord of an older piece of equipment in an effort to convince the employer that it should begin using the newer equipment that had been purchased but not yet installed. The Unemployment Insurance Appeal Board ruled that claimant had lost his employment under disqualifying circumstances. We affirm. A finding of misconduct will be sustained where the claimant’s actions were detrimental to his or her employer’s interests or violated generally accepted standards of employee behavior (see, Matter of Velazquez [Hudacs], 204 AD2d 928; Matter of Chapman [Hudacs], 190 AD2d 941). Claimant’s willful disabling of a piece of the employer’s equipment, although apparently well meant, caused a disruption in the employer’s operations, violating both the employer’s best interests and acceptable standards of employee conduct. Accordingly, the decision of the Board will not be disturbed.

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

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Bluebook (online)

238 A.D.2d 653, 655 N.Y.S.2d 681, 1997 N.Y. App. Div. LEXIS 3128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-abbott-nyappdiv-1997.

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