In re the Claim of Barcene

Appellate Division of the Supreme Court of New York

In re the Claim of Barcene

6 A.D.3d 855, 774 N.Y.S.2d 439, 2004 N.Y. App. Div. LEXIS 3962

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

DecidedApril 8, 2004

StatusPublished

Cited by5 cases

This text of 6 A.D.3d 855 (In re the Claim of Barcene) 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 Barcene, 6 A.D.3d 855, 774 N.Y.S.2d 439, 2004 N.Y. App. Div. LEXIS 3962 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 11, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

It is well settled that a knowing violation of an employer’s established policies can constitute disqualifying misconduct (see Matter of Graham [Commissioner of Labor], 305 AD2d 922 [2003]). In the instant matter, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant accessed nonwork-related Web sites, including dating services and pornographic Web sites, and that he was aware that the employer’s policy explicitly prohibited such use of office computers. Claimant’s assertion that he did not engage in such conduct presented a credibility issue for the Board to resolve [856]*856(see Matter of Bach [Commissioner of Labor], 306 AD2d 736 [2003]).

Mercure, J.E, Crew III, Mugglin, Rose and Kane, 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 August 11, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

It is well settled that a knowing violation of an employer’s established policies can constitute disqualifying misconduct (see Matter of Graham [Commissioner of Labor], 305 AD2d 922 [2003]). In the instant matter, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant accessed nonwork-related Web sites, including dating services and pornographic Web sites, and that he was aware that the employer’s policy explicitly prohibited such use of office computers. Claimant’s assertion that he did not engage in such conduct presented a credibility issue for the Board to resolve [856]*856(see Matter of Bach [Commissioner of Labor], 306 AD2d 736 [2003]).

Mercure, J.E, Crew III, Mugglin, Rose and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

6 A.D.3d 855, 774 N.Y.S.2d 439, 2004 N.Y. App. Div. LEXIS 3962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-barcene-nyappdiv-2004.

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