In re the Claim of Titus
This text of 220 A.D.2d 919 (In re the Claim of Titus) 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.
Opinion
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 31, 1994, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was terminated from his employment as the manager of a check cashing company for violating company rules regarding check cashing procedures. In particular, claimant approved the cashing of a check in excess of $1,000 without obtaining his supervisor’s authorization and without contacting the maker of the check. Because the check had been stolen, [920]*920claimant’s employer suffered a financial loss. Although claimant testified that he did not approve the cashing of the check, there was contrary testimony that it was claimant who gave the approval. Inasmuch as it was the Board’s function to evaluate this conflicting testimony, we find that substantial evidence supports the Board’s decision.
Mikoll, J. P., Mercure, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.
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Cite This Page — Counsel Stack
220 A.D.2d 919, 632 N.Y.S.2d 319, 1995 N.Y. App. Div. LEXIS 10165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-titus-nyappdiv-1995.