In re the Claim of Rifkin

Appellate Division of the Supreme Court of New York

In re the Claim of Rifkin

212 A.D.2d 929, 622 N.Y.S.2d 630, 1995 N.Y. App. Div. LEXIS 1589

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

DecidedFebruary 16, 1995

StatusPublished

This text of 212 A.D.2d 929 (In re the Claim of Rifkin) 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 Rifkin, 212 A.D.2d 929, 622 N.Y.S.2d 630, 1995 N.Y. App. Div. LEXIS 1589 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 1, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Board found that claimant, without his employer’s permission, threw away certain documents and files belonging to the employer. As a result, he was discharged. The Board also found that claimant, an attorney, should have known that he should not have disposed of the files. Given these findings and the record before us, there is substantial evidence [930]*930to support the Board’s conclusion that claimant’s actions constituted misconduct and that his employment therefore ended under disqualifying conditions. Claimant’s contentions to the contrary raise questions of credibility which were for the Board to resolve.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, 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 October 1, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Board found that claimant, without his employer’s permission, threw away certain documents and files belonging to the employer. As a result, he was discharged. The Board also found that claimant, an attorney, should have known that he should not have disposed of the files. Given these findings and the record before us, there is substantial evidence [930]*930to support the Board’s conclusion that claimant’s actions constituted misconduct and that his employment therefore ended under disqualifying conditions. Claimant’s contentions to the contrary raise questions of credibility which were for the Board to resolve.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

212 A.D.2d 929, 622 N.Y.S.2d 630, 1995 N.Y. App. Div. LEXIS 1589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-rifkin-nyappdiv-1995.