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

Appellate Division of the Supreme Court of the State of New York·Decided June 12, 1997·Published

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

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

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).

Pincite

240 A.D.2d 838 (In re the Claim of Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related