In re the Claim of Banks

Appellate Division of the Supreme Court of New York

In re the Claim of Banks

253 A.D.2d 960, 678 N.Y.S.2d 411, 1998 N.Y. App. Div. LEXIS 9492

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

DecidedSeptember 17, 1998

StatusPublished

Cited by1 cases

This text of 253 A.D.2d 960 (In re the Claim of Banks) 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 Banks, 253 A.D.2d 960, 678 N.Y.S.2d 411, 1998 N.Y. App. Div. LEXIS 9492 (N.Y. Ct. App. 1998).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 9, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was terminated from his employment as an internal messenger for a delivery service after he approached a female employee of a client and requested a hug and a kiss. The Unemployment Insurance Appeal Board denied claimant’s application for benefits, finding that he was terminated for misconduct. Claimant admitted that he knew that his conduct was inappropriate but testified that he merely wanted to thank the woman for a Christmas card she had sent and wish her a happy holiday. In view of the fact that claimant’s behavior was detrimental to the employer’s interest and evinces a disregard for the standards of conduct that the employer had a reasonable right to expect from him as an employee, we conclude that substantial evidence supports the Board’s decision that claimant engaged in disqualifying misconduct (see, Matter of Punter [Ross], 43 NY2d 743; Matter of Krupa [Sweeney], 236 AD2d 772; Matter of Rohnke [Hudacs], 192 AD2d 812).

Cardona, P. J., Mikoll, Crew III, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 9, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was terminated from his employment as an internal messenger for a delivery service after he approached a female employee of a client and requested a hug and a kiss. The Unemployment Insurance Appeal Board denied claimant’s application for benefits, finding that he was terminated for misconduct. Claimant admitted that he knew that his conduct was inappropriate but testified that he merely wanted to thank the woman for a Christmas card she had sent and wish her a happy holiday. In view of the fact that claimant’s behavior was detrimental to the employer’s interest and evinces a disregard for the standards of conduct that the employer had a reasonable right to expect from him as an employee, we conclude that substantial evidence supports the Board’s decision that claimant engaged in disqualifying misconduct (see, Matter of Punter [Ross], 43 NY2d 743; Matter of Krupa [Sweeney], 236 AD2d 772; Matter of Rohnke [Hudacs], 192 AD2d 812).

Cardona, P. J., Mikoll, Crew III, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

253 A.D.2d 960, 678 N.Y.S.2d 411, 1998 N.Y. App. Div. LEXIS 9492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-banks-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack