In re the Claim of Silva

Appellate Division of the Supreme Court of New York

In re the Claim of Silva

255 A.D.2d 681, 680 N.Y.S.2d 128, 1998 N.Y. App. Div. LEXIS 11703

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

DecidedNovember 5, 1998

StatusPublished

Cited by1 cases

This text of 255 A.D.2d 681 (In re the Claim of Silva) 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 Silva, 255 A.D.2d 681, 680 N.Y.S.2d 128, 1998 N.Y. App. Div. LEXIS 11703 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 19, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a flight attendant after the employer discovered that claimant had falsely indicated on his employment application that he had not been convicted of violating any law. Although claimant admitted that he had been convicted of a misdemeanor, he maintained that he was not required to disclose the conviction because it had been expunged from his record and that his attorney and other third persons had advised him that disclosure of his conviction was not required. The Unemployment Insurance Appeal Board, finding that claimant failed to demonstrate that his conviction had been expunged, disqualified claimant from receiving benefits on the ground that he lost his employment through misconduct. Notwithstanding claimant’s excuse for failing to disclose his conviction, we conclude that substantial evidence supports the Board’s decision (see, Matter of Jarvis [Sweeney], 228 AD2d 846; Matter of Yuhas [Sweeney], 220 AD2d 977; Matter of Ghorab [Sweeney], 219 AD2d 793).

Cardona, P. J., White, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is aifirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 19, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a flight attendant after the employer discovered that claimant had falsely indicated on his employment application that he had not been convicted of violating any law. Although claimant admitted that he had been convicted of a misdemeanor, he maintained that he was not required to disclose the conviction because it had been expunged from his record and that his attorney and other third persons had advised him that disclosure of his conviction was not required. The Unemployment Insurance Appeal Board, finding that claimant failed to demonstrate that his conviction had been expunged, disqualified claimant from receiving benefits on the ground that he lost his employment through misconduct. Notwithstanding claimant’s excuse for failing to disclose his conviction, we conclude that substantial evidence supports the Board’s decision (see, Matter of Jarvis [Sweeney], 228 AD2d 846; Matter of Yuhas [Sweeney], 220 AD2d 977; Matter of Ghorab [Sweeney], 219 AD2d 793).

Cardona, P. J., White, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is aifirmed, without costs.

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Bluebook (online)

255 A.D.2d 681, 680 N.Y.S.2d 128, 1998 N.Y. App. Div. LEXIS 11703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-silva-nyappdiv-1998.

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