In re the Claim of Class

Appellate Division of the Supreme Court of New York

In re the Claim of Class

261 A.D.2d 772, 689 N.Y.S.2d 781, 1999 N.Y. App. Div. LEXIS 5363

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

DecidedMay 13, 1999

StatusPublished

Cited by5 cases

This text of 261 A.D.2d 772 (In re the Claim of Class) 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 Class, 261 A.D.2d 772, 689 N.Y.S.2d 781, 1999 N.Y. App. Div. LEXIS 5363 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 7, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment after the employer discovered that claimant had failed to disclose on his employment application that he had been convicted of a felony. The employment application specifically stated that, if hired, any falsification or omission of information could lead to dismissal. Notwithstanding claimant’s reasons for doing so, we [773]*773find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits due to misconduct, given that claimant deliberately omitted the information from the employment application (see, Matter of Jarvis [Sweeney], 228 AD2d 846).

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 August 7, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment after the employer discovered that claimant had failed to disclose on his employment application that he had been convicted of a felony. The employment application specifically stated that, if hired, any falsification or omission of information could lead to dismissal. Notwithstanding claimant’s reasons for doing so, we [773]*773find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits due to misconduct, given that claimant deliberately omitted the information from the employment application (see, Matter of Jarvis [Sweeney], 228 AD2d 846).

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

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Bluebook (online)

261 A.D.2d 772, 689 N.Y.S.2d 781, 1999 N.Y. App. Div. LEXIS 5363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-class-nyappdiv-1999.

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