In re the Claim of O'Connor

Appellate Division of the Supreme Court of New York

In re the Claim of O'Connor

207 A.D.2d 939, 617 N.Y.S.2d 540, 1994 N.Y. App. Div. LEXIS 8965

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

DecidedSeptember 22, 1994

StatusPublished

This text of 207 A.D.2d 939 (In re the Claim of O'Connor) 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 O'Connor, 207 A.D.2d 939, 617 N.Y.S.2d 540, 1994 N.Y. App. Div. LEXIS 8965 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 23, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Board found that claimant, a psychiatric rehabilitation specialist, knowingly violated the employer’s policy prohibiting the release of employer-related information to the media without authorization. The Board also found that the policy was reasonable and that claimant’s knowing violation was not justified. Accordingly, the Board ruled that claimant’s actions constituted misconduct disqualifying him from receiving unemployment insurance benefits. Insofar as the Board’s decision is supported by substantial evidence, it must be upheld. Claimant’s remaining contentions on this appeal have been considered and rejected for lack of merit.

Cardona, P. J., Mikoll, Mercure, White 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 June 23, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Board found that claimant, a psychiatric rehabilitation specialist, knowingly violated the employer’s policy prohibiting the release of employer-related information to the media without authorization. The Board also found that the policy was reasonable and that claimant’s knowing violation was not justified. Accordingly, the Board ruled that claimant’s actions constituted misconduct disqualifying him from receiving unemployment insurance benefits. Insofar as the Board’s decision is supported by substantial evidence, it must be upheld. Claimant’s remaining contentions on this appeal have been considered and rejected for lack of merit.

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

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Bluebook (online)

207 A.D.2d 939, 617 N.Y.S.2d 540, 1994 N.Y. App. Div. LEXIS 8965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-oconnor-nyappdiv-1994.