In re the Claim of Dendy

Appellate Division of the Supreme Court of New York

In re the Claim of Dendy

172 A.D.2d 936, 568 N.Y.S.2d 216, 1991 N.Y. App. Div. LEXIS 4570

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

DecidedApril 11, 1991

StatusPublished

Cited by2 cases

This text of 172 A.D.2d 936 (In re the Claim of Dendy) 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 Dendy, 172 A.D.2d 936, 568 N.Y.S.2d 216, 1991 N.Y. App. Div. LEXIS 4570 (N.Y. Ct. App. 1991).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 31, 1989, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

After a hearing, an arbitrator found that claimant and other banquet waiters employed by a hotel had stolen wallets provided as banquet favors for distribution to guests. The Administrative Law Judge, holding that he was bound by the arbitrator’s finding, then ruled that claimant was disqualified from receiving unemployment insurance benefits because such behavior constituted misconduct; the Unemployment Insurance Appeal Board affirmed this decision. The Administrative Law Judge was bound by the arbitrator’s findings of fact, i.e., that claimant stole the wallets that were found in his locker (see, Matter of Ranni [Ross], 58 NY2d 715, 717-718). The record therefore contains substantial evidence to support the decision that this behavior amounted to misconduct (see, Matter of Sylvester [Hartnett], 143 AD2d 478).

Decision affirmed, without costs. Mahoney, P. J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.

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 August 31, 1989, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

After a hearing, an arbitrator found that claimant and other banquet waiters employed by a hotel had stolen wallets provided as banquet favors for distribution to guests. The Administrative Law Judge, holding that he was bound by the arbitrator’s finding, then ruled that claimant was disqualified from receiving unemployment insurance benefits because such behavior constituted misconduct; the Unemployment Insurance Appeal Board affirmed this decision. The Administrative Law Judge was bound by the arbitrator’s findings of fact, i.e., that claimant stole the wallets that were found in his locker (see, Matter of Ranni [Ross], 58 NY2d 715, 717-718). The record therefore contains substantial evidence to support the decision that this behavior amounted to misconduct (see, Matter of Sylvester [Hartnett], 143 AD2d 478).

Decision affirmed, without costs. Mahoney, P. J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

172 A.D.2d 936, 568 N.Y.S.2d 216, 1991 N.Y. App. Div. LEXIS 4570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-dendy-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack