In re the Claim of Tandon

Appellate Division of the Supreme Court of New York

In re the Claim of Tandon

169 A.D.2d 854, 564 N.Y.S.2d 579, 1991 N.Y. App. Div. LEXIS 33

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

DecidedJanuary 3, 1991

StatusPublished

This text of 169 A.D.2d 854 (In re the Claim of Tandon) 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 Tandon, 169 A.D.2d 854, 564 N.Y.S.2d 579, 1991 N.Y. App. Div. LEXIS 33 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 11, 1989, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

There is substantial evidence in the record to support the determination that claimant’s discharge resulted from misconduct in connection with his employment. The record establishes that claimant read part of the memorandum regarding his job performance even though he had previously been warned regarding the unauthorized use of co-workers’ prop[855]*855erty. Furthermore, the conclusion that these actions were not inadvertent and that they were detrimental to the employer’s interest is also supported by the record (see, Matter of Boulware [Ross], 47 NY2d 928).

Decision affirmed, without costs. Casey, J. P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 11, 1989, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

There is substantial evidence in the record to support the determination that claimant’s discharge resulted from misconduct in connection with his employment. The record establishes that claimant read part of the memorandum regarding his job performance even though he had previously been warned regarding the unauthorized use of co-workers’ prop[855]*855erty. Furthermore, the conclusion that these actions were not inadvertent and that they were detrimental to the employer’s interest is also supported by the record (see, Matter of Boulware [Ross], 47 NY2d 928).

Decision affirmed, without costs. Casey, J. P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Bluebook (online)

169 A.D.2d 854, 564 N.Y.S.2d 579, 1991 N.Y. App. Div. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-tandon-nyappdiv-1991.

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