In re the Claim of Normandin

Appellate Division of the Supreme Court of New York

In re the Claim of Normandin

265 A.D.2d 791, 697 N.Y.S.2d 388, 1999 N.Y. App. Div. LEXIS 10927

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

DecidedOctober 28, 1999

StatusPublished

Cited by2 cases

This text of 265 A.D.2d 791 (In re the Claim of Normandin) 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 Normandin, 265 A.D.2d 791, 697 N.Y.S.2d 388, 1999 N.Y. App. Div. LEXIS 10927 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 11, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

After claimant was discharged from his employment as a manager for an electronics store for falsifying time sheets, the Unemployment Insurance Appeal Board ruled that he was disqualified from receiving benefits because his employment was terminated due to misconduct. An employee’s misrepresentation on his or her time sheet regarding the actual hours worked has been held to constitute disqualifying misconduct (see, Matter of Granek [Commissioner of Labor], 262 AD2d 680; Matter of Elewa [Commissioner of Labor], 249 AD2d 618). Inasmuch as the circumstances here evidence that claimant did not accurately reflect the hours he worked, substantial evidence supports the Board’s decision. Furthermore, in light of the employer’s excuse for failing to appear at the initial hearing, we find no reason to disturb the decision granting the employer’s request to reopen the hearing.

Yesawich Jr., J. P., Spain, Carpinello, Graffeo and Mugglin, 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 June 11, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

After claimant was discharged from his employment as a manager for an electronics store for falsifying time sheets, the Unemployment Insurance Appeal Board ruled that he was disqualified from receiving benefits because his employment was terminated due to misconduct. An employee’s misrepresentation on his or her time sheet regarding the actual hours worked has been held to constitute disqualifying misconduct (see, Matter of Granek [Commissioner of Labor], 262 AD2d 680; Matter of Elewa [Commissioner of Labor], 249 AD2d 618). Inasmuch as the circumstances here evidence that claimant did not accurately reflect the hours he worked, substantial evidence supports the Board’s decision. Furthermore, in light of the employer’s excuse for failing to appear at the initial hearing, we find no reason to disturb the decision granting the employer’s request to reopen the hearing.

Yesawich Jr., J. P., Spain, Carpinello, Graffeo and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

265 A.D.2d 791, 697 N.Y.S.2d 388, 1999 N.Y. App. Div. LEXIS 10927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-normandin-nyappdiv-1999.

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