In re the Claim of English

Appellate Division of the Supreme Court of New York

In re the Claim of English

205 A.D.2d 821, 613 N.Y.S.2d 275, 1994 N.Y. App. Div. LEXIS 5893

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

DecidedJune 2, 1994

StatusPublished

Cited by1 cases

This text of 205 A.D.2d 821 (In re the Claim of English) 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 English, 205 A.D.2d 821, 613 N.Y.S.2d 275, 1994 N.Y. App. Div. LEXIS 5893 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 2, 1992, which ruled that, inter alia, claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant’s employment as a claims examiner terminated when his supervisor discovered that he falsely indicated in several of his files that he had contacted an insured within the required 24-hour period after notice of a claim when in fact he had not done so. Claimant had previously signed a memorandum from his supervisor in which he was warned about several problems with his claims settlement practices, including his tendency to provide such false information. Under the circumstances, substantial evidence exists to support the Board’s decision that claimant’s actions in falsifying information constituted misconduct, thus disqualifying him from receiving unemployment insurance benefits.

Mercure, J. P., Crew III, White, Casey and Yesawich Jr., 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 November 2, 1992, which ruled that, inter alia, claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant’s employment as a claims examiner terminated when his supervisor discovered that he falsely indicated in several of his files that he had contacted an insured within the required 24-hour period after notice of a claim when in fact he had not done so. Claimant had previously signed a memorandum from his supervisor in which he was warned about several problems with his claims settlement practices, including his tendency to provide such false information. Under the circumstances, substantial evidence exists to support the Board’s decision that claimant’s actions in falsifying information constituted misconduct, thus disqualifying him from receiving unemployment insurance benefits.

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

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Bluebook (online)

205 A.D.2d 821, 613 N.Y.S.2d 275, 1994 N.Y. App. Div. LEXIS 5893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-english-nyappdiv-1994.

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