In re the Claim of Kobrin

Appellate Division of the Supreme Court of New York

In re the Claim of Kobrin

216 A.D.2d 625, 627 N.Y.S.2d 179, 1995 N.Y. App. Div. LEXIS 5870

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 625 (In re the Claim of Kobrin) 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 Kobrin, 216 A.D.2d 625, 627 N.Y.S.2d 179, 1995 N.Y. App. Div. LEXIS 5870 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 12,1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a convenience store manager, was terminated for violating a company rule. In particular, he left the combination to the safe on a piece of paper under the cash register inside the store and, as a result, the money inside the safe was taken when the store was subsequently burglarized. Given the [626]*626testimony establishing claimant’s prior performance problems and his inexcusable failure to read the company rule book prohibiting employees from leaving the combination to the safe inside the store, we find that substantial evidence supports the Board’s decision that claimant was discharged due to misconduct. Accordingly, we find that the Board properly disqualified him from receiving unemployment insurance benefits.

Mikoll, J. P., Mercure, Crew III, 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 April 12,1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a convenience store manager, was terminated for violating a company rule. In particular, he left the combination to the safe on a piece of paper under the cash register inside the store and, as a result, the money inside the safe was taken when the store was subsequently burglarized. Given the [626]*626testimony establishing claimant’s prior performance problems and his inexcusable failure to read the company rule book prohibiting employees from leaving the combination to the safe inside the store, we find that substantial evidence supports the Board’s decision that claimant was discharged due to misconduct. Accordingly, we find that the Board properly disqualified him from receiving unemployment insurance benefits.

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

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Bluebook (online)

216 A.D.2d 625, 627 N.Y.S.2d 179, 1995 N.Y. App. Div. LEXIS 5870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kobrin-nyappdiv-1995.

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