In re the Claim of Bermudez

Appellate Division of the Supreme Court of New York

In re the Claim of Bermudez

218 A.D.2d 893, 630 N.Y.S.2d 420, 1995 N.Y. App. Div. LEXIS 8642

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

DecidedAugust 10, 1995

StatusPublished

Cited by1 cases

This text of 218 A.D.2d 893 (In re the Claim of Bermudez) 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.

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In re the Claim of Bermudez, 218 A.D.2d 893, 630 N.Y.S.2d 420, 1995 N.Y. App. Div. LEXIS 8642 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 12,1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

At the time claimant was hired by the employer, she was advised that she would need a car so that she could participate in the employer’s outreach program. Although claimant did not have a car or a New York driver’s license at the time and spent the ensuing nine months seeking to obtain a valid New York driver’s license and a reliable vehicle, the record reveals that claimant was not completely candid with her employer about having a license or owning a car. When claimant failed to drive a vehicle to work after passing her New York driver’s test, she was terminated by her employer. In view of these circumstances, we find that substantial evidence supports the Board’s decision that claimant was terminated for misconduct.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Spain, 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 April 12,1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

At the time claimant was hired by the employer, she was advised that she would need a car so that she could participate in the employer’s outreach program. Although claimant did not have a car or a New York driver’s license at the time and spent the ensuing nine months seeking to obtain a valid New York driver’s license and a reliable vehicle, the record reveals that claimant was not completely candid with her employer about having a license or owning a car. When claimant failed to drive a vehicle to work after passing her New York driver’s test, she was terminated by her employer. In view of these circumstances, we find that substantial evidence supports the Board’s decision that claimant was terminated for misconduct.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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218 A.D.2d 893, 630 N.Y.S.2d 420, 1995 N.Y. App. Div. LEXIS 8642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bermudez-nyappdiv-1995.

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