In re the Claim of Maltezos

Appellate Division of the Supreme Court of New York

In re the Claim of Maltezos

51 A.D.2d 607, 377 N.Y.S.2d 762, 1976 N.Y. App. Div. LEXIS 10926

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

DecidedJanuary 8, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 607 (In re the Claim of Maltezos) 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 Maltezos, 51 A.D.2d 607, 377 N.Y.S.2d 762, 1976 N.Y. App. Div. LEXIS 10926 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 1, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective March 27, 1975 because he lost his employment through misconduct. Claimant, a taxicab driver, was last employed to March 26, 1975. A check of trip cards given to claimant, when compared with cards of the driver who had operated the taxi immediately before him, showed that the cards had been altered while in claiment’s possession to show fewer trips by claimant. By showing fewer trips, a driver would not be expected to turn in as much money to the employer. Claimant denied altering the cards and contended that he turned over all his receipts. An issue of fact was thus created which was resolved against the claimant by the board, and since the determination is supported by substantial evidence, it must be affirmed. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 1, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective March 27, 1975 because he lost his employment through misconduct. Claimant, a taxicab driver, was last employed to March 26, 1975. A check of trip cards given to claimant, when compared with cards of the driver who had operated the taxi immediately before him, showed that the cards had been altered while in claiment’s possession to show fewer trips by claimant. By showing fewer trips, a driver would not be expected to turn in as much money to the employer. Claimant denied altering the cards and contended that he turned over all his receipts. An issue of fact was thus created which was resolved against the claimant by the board, and since the determination is supported by substantial evidence, it must be affirmed. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

51 A.D.2d 607, 377 N.Y.S.2d 762, 1976 N.Y. App. Div. LEXIS 10926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-maltezos-nyappdiv-1976.

Opinion

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