In re the Claim of Johnson

Appellate Division of the Supreme Court of New York

In re the Claim of Johnson

240 A.D.2d 838, 659 N.Y.S.2d 811, 1997 N.Y. App. Div. LEXIS 6533

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

DecidedJune 12, 1997

StatusPublished

This text of 240 A.D.2d 838 (In re the Claim of Johnson) 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 Johnson, 240 A.D.2d 838, 659 N.Y.S.2d 811, 1997 N.Y. App. Div. LEXIS 6533 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 26, 1996, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was terminated from her employment as a secretary at a residential drug treatment center for violating the employer’s policy which prohibits sexual fraternization with residents of the facility. Despite being aware of this policy, claimant admits that she and a resident of the facility engaged in a physical relationship. We conclude that substantial evidence supports the Unemployment Insurance Appeal Board’s decision that claimant engaged in disqualifying misconduct (see, Matter of Novellano [Sweeney], 216 AD2d 655). We reject claimant’s contention that the hearing was improperly conducted over the telephone (see, 12 NYCRR 461.7 [c] [2]). Claimant’s remaining contentions have been reviewed and are either without merit or not properly before this Court.

[839]*839Mikoll, J. P., White, Casey, 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 August 26, 1996, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was terminated from her employment as a secretary at a residential drug treatment center for violating the employer’s policy which prohibits sexual fraternization with residents of the facility. Despite being aware of this policy, claimant admits that she and a resident of the facility engaged in a physical relationship. We conclude that substantial evidence supports the Unemployment Insurance Appeal Board’s decision that claimant engaged in disqualifying misconduct (see, Matter of Novellano [Sweeney], 216 AD2d 655). We reject claimant’s contention that the hearing was improperly conducted over the telephone (see, 12 NYCRR 461.7 [c] [2]). Claimant’s remaining contentions have been reviewed and are either without merit or not properly before this Court.

[839]*839Mikoll, J. P., White, Casey, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

240 A.D.2d 838, 659 N.Y.S.2d 811, 1997 N.Y. App. Div. LEXIS 6533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-johnson-nyappdiv-1997.

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