In re the Claim of Nissen

Appellate Division of the Supreme Court of New York

In re the Claim of Nissen

209 A.D.2d 803, 618 N.Y.S.2d 472, 1994 N.Y. App. Div. LEXIS 11105

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

DecidedNovember 10, 1994

StatusPublished

This text of 209 A.D.2d 803 (In re the Claim of Nissen) 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 Nissen, 209 A.D.2d 803, 618 N.Y.S.2d 472, 1994 N.Y. App. Div. LEXIS 11105 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 14, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemploy[804]*804ment insurance benefits because his employment was terminated due to misconduct.

We find that the record contains substantial evidence to support the Board’s determination that claimant was discharged for misconduct from his position as a building manager because he approved payments to contractors without first ensuring that the invoices were not duplicates and that the actual work was performed as billed. Claimant conceded that he was responsible for overseeing the work of the contractors in the buildings he managed and that he had approved the bills his employer disputed. In light of this testimony and the testimony of the employer’s witnesses, the Board’s determination that claimant lost his employment through misconduct and is liable for a recoverable overpayment of benefits will not be disturbed.

Cardona, P. J., Mercure, White and Peters, 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 May 14, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemploy[804]*804ment insurance benefits because his employment was terminated due to misconduct.

We find that the record contains substantial evidence to support the Board’s determination that claimant was discharged for misconduct from his position as a building manager because he approved payments to contractors without first ensuring that the invoices were not duplicates and that the actual work was performed as billed. Claimant conceded that he was responsible for overseeing the work of the contractors in the buildings he managed and that he had approved the bills his employer disputed. In light of this testimony and the testimony of the employer’s witnesses, the Board’s determination that claimant lost his employment through misconduct and is liable for a recoverable overpayment of benefits will not be disturbed.

Cardona, P. J., Mercure, White and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

209 A.D.2d 803, 618 N.Y.S.2d 472, 1994 N.Y. App. Div. LEXIS 11105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-nissen-nyappdiv-1994.