In re the Claim of Drago

Appellate Division of the Supreme Court of New York

In re the Claim of Drago

216 A.D.2d 616, 627 N.Y.S.2d 183, 1995 N.Y. App. Div. LEXIS 5828

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

DecidedJune 1, 1995

StatusPublished

Cited by1 cases

This text of 216 A.D.2d 616 (In re the Claim of Drago) 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 Drago, 216 A.D.2d 616, 627 N.Y.S.2d 183, 1995 N.Y. App. Div. LEXIS 5828 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 7, 1993, as amended by a decision filed December 20, 1994, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment as a result of an act constituting a felony in connection with such employment.

Claimant, the office manager of a pet cemetery, lost her job when her employer was forced to cease operations by the Federal Bureau of Investigation for misrepresentations made to clients. The evidence in the record is undisputed that claimant pleaded guilty to felony charges of mail fraud in connection with this investigation. Accordingly, we find that substantial evidence supports the Board’s decision that claimant was disqualified from receiving unemployment insurance benefits. Moreover, in view of the reopening of the Board’s initial decision by a different panel, we find claimant’s assertion of a conflict of interest by one of the original panel members to be moot.

Mikoll, J. P., Crew III, Yesawich Jr., Peters 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 October 7, 1993, as amended by a decision filed December 20, 1994, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment as a result of an act constituting a felony in connection with such employment.

Claimant, the office manager of a pet cemetery, lost her job when her employer was forced to cease operations by the Federal Bureau of Investigation for misrepresentations made to clients. The evidence in the record is undisputed that claimant pleaded guilty to felony charges of mail fraud in connection with this investigation. Accordingly, we find that substantial evidence supports the Board’s decision that claimant was disqualified from receiving unemployment insurance benefits. Moreover, in view of the reopening of the Board’s initial decision by a different panel, we find claimant’s assertion of a conflict of interest by one of the original panel members to be moot.

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

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Bluebook (online)

216 A.D.2d 616, 627 N.Y.S.2d 183, 1995 N.Y. App. Div. LEXIS 5828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-drago-nyappdiv-1995.

Opinion

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