In re the Claim of Du Bois

Appellate Division of the Supreme Court of New York

In re the Claim of Du Bois

282 A.D.2d 858, 723 N.Y.S.2d 539, 2001 N.Y. App. Div. LEXIS 3688

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

DecidedApril 12, 2001

StatusPublished

Cited by7 cases

This text of 282 A.D.2d 858 (In re the Claim of Du Bois) 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 Du Bois, 282 A.D.2d 858, 723 N.Y.S.2d 539, 2001 N.Y. App. Div. LEXIS 3688 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 20, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

After claimant’s employment was terminated because she falsified time records when she was late for work, her claim for unemployment insurance benefits was denied on the ground that she lost her employment under disqualifying conditions. An employee’s falsification of time records can constitute disqualifying misconduct (see, Matter of Granek [Commissioner of Labor], 262 AD2d 680) and there is evidence in the record, including the testimony of the employer’s representative and claimant’s admissions, which provides substantial evidence to support the finding that claimant falsified her time sheet. Claimant’s exculpatory explanation for her conduct created a question of credibility for the Unemployment Insurance Appeal Board to resolve (see, id.).

Cardona, P. J., Mercure, Mugglin, Rose and Lahtinen, 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 March 20, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

After claimant’s employment was terminated because she falsified time records when she was late for work, her claim for unemployment insurance benefits was denied on the ground that she lost her employment under disqualifying conditions. An employee’s falsification of time records can constitute disqualifying misconduct (see, Matter of Granek [Commissioner of Labor], 262 AD2d 680) and there is evidence in the record, including the testimony of the employer’s representative and claimant’s admissions, which provides substantial evidence to support the finding that claimant falsified her time sheet. Claimant’s exculpatory explanation for her conduct created a question of credibility for the Unemployment Insurance Appeal Board to resolve (see, id.).

Cardona, P. J., Mercure, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

282 A.D.2d 858, 723 N.Y.S.2d 539, 2001 N.Y. App. Div. LEXIS 3688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-du-bois-nyappdiv-2001.

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