In re the Claim of Powers

Appellate Division of the Supreme Court of New York

In re the Claim of Powers

51 A.D.2d 1078, 381 N.Y.S.2d 147, 1976 N.Y. App. Div. LEXIS 11919

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

DecidedMarch 11, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 1078 (In re the Claim of Powers) 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 Powers, 51 A.D.2d 1078, 381 N.Y.S.2d 147, 1976 N.Y. App. Div. LEXIS 11919 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 15, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground she lost her employment through misconduct. Claimant, when applying for a civil service job which required a high school diploma, indicated that she had such a diploma when in fact she did not. This is conceded by the claimant. Subsequently, the employer discovered this misrepresentation and terminated her employment. The board found that claimant’s willful misrepresentation amounted to misconduct, and since there is substantial evidence to support this decision, it must be upheld (see Matter of Babe [CatherwoodJ 28 AD2d 632). The board was not required to find that the fact that after employment she obtained the necessary diploma mitigated such misrepresentation. Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 15, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground she lost her employment through misconduct. Claimant, when applying for a civil service job which required a high school diploma, indicated that she had such a diploma when in fact she did not. This is conceded by the claimant. Subsequently, the employer discovered this misrepresentation and terminated her employment. The board found that claimant’s willful misrepresentation amounted to misconduct, and since there is substantial evidence to support this decision, it must be upheld (see Matter of Babe [CatherwoodJ 28 AD2d 632). The board was not required to find that the fact that after employment she obtained the necessary diploma mitigated such misrepresentation. Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

51 A.D.2d 1078, 381 N.Y.S.2d 147, 1976 N.Y. App. Div. LEXIS 11919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-powers-nyappdiv-1976.

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