In re the Claim of Worden

Appellate Division of the Supreme Court of New York

In re the Claim of Worden

252 A.D.2d 711, 675 N.Y.S.2d 432, 1998 N.Y. App. Div. LEXIS 8175

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

DecidedJuly 9, 1998

StatusPublished

This text of 252 A.D.2d 711 (In re the Claim of Worden) 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.

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In re the Claim of Worden, 252 A.D.2d 711, 675 N.Y.S.2d 432, 1998 N.Y. App. Div. LEXIS 8175 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 10, 1997, 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 for violating the employer’s policy forbidding fraternization with subordinates. In a decision filed and mailed on September 10, 1997, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. Because claimant did not file an appeal with this Court until November 8, 1997, his appeal must be dismissed as untimely (see, Labor Law § 624; Matter of Linderman [Hudacs], 207 AD2d 929). In any event, were we to consider the merits, we would find substantial evidence in the record to support the Board’s decision (see, Matter of Novellano [Sweeney], 216 AD2d 655).

Cardona, P. J., Mercure, White, Carpinello and Graffeo, JJ., concur. Ordered that the appeal is dismissed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 10, 1997, 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 for violating the employer’s policy forbidding fraternization with subordinates. In a decision filed and mailed on September 10, 1997, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. Because claimant did not file an appeal with this Court until November 8, 1997, his appeal must be dismissed as untimely (see, Labor Law § 624; Matter of Linderman [Hudacs], 207 AD2d 929). In any event, were we to consider the merits, we would find substantial evidence in the record to support the Board’s decision (see, Matter of Novellano [Sweeney], 216 AD2d 655).

Cardona, P. J., Mercure, White, Carpinello and Graffeo, JJ., concur. Ordered that the appeal is dismissed, without costs.

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252 A.D.2d 711, 675 N.Y.S.2d 432, 1998 N.Y. App. Div. LEXIS 8175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-worden-nyappdiv-1998.

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