In re the Claim of Zizzo

Appellate Division of the Supreme Court of New York

In re the Claim of Zizzo

176 A.D.2d 418, 574 N.Y.S.2d 407, 1991 N.Y. App. Div. LEXIS 12406

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

DecidedSeptember 26, 1991

StatusPublished

Cited by1 cases

This text of 176 A.D.2d 418 (In re the Claim of Zizzo) 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 Zizzo, 176 A.D.2d 418, 574 N.Y.S.2d 407, 1991 N.Y. App. Div. LEXIS 12406 (N.Y. Ct. App. 1991).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 20, 1989, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, a sales manager for a retail clothing chain, was discharged for mishandling the contents of a wallet lost by a customer of the store. Soon after the wallet was found, several attempts at contacting the customer were made. When no one claimed the wallet, claimant spent part of the money on a management meeting for store personnel. Although the customer eventually did claim the wallet, claimant returned it without replacing the cash she had spent. These actions were detrimental to the employer’s interest and, therefore, constituted misconduct within the meaning of the Labor Law (see, Matter of Beykirch [Roberts], 125 AD2d 857, lv denied 73 NY2d 704; Matter of Stickane [Ithaca Coll.—Roberts] 122 AD2d 476, 477).

Mahoney, P. J., Casey, Yesawich Jr. and Mercure, 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 20, 1989, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, a sales manager for a retail clothing chain, was discharged for mishandling the contents of a wallet lost by a customer of the store. Soon after the wallet was found, several attempts at contacting the customer were made. When no one claimed the wallet, claimant spent part of the money on a management meeting for store personnel. Although the customer eventually did claim the wallet, claimant returned it without replacing the cash she had spent. These actions were detrimental to the employer’s interest and, therefore, constituted misconduct within the meaning of the Labor Law (see, Matter of Beykirch [Roberts], 125 AD2d 857, lv denied 73 NY2d 704; Matter of Stickane [Ithaca Coll.—Roberts] 122 AD2d 476, 477).

Mahoney, P. J., Casey, Yesawich Jr. and Mercure, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

176 A.D.2d 418, 574 N.Y.S.2d 407, 1991 N.Y. App. Div. LEXIS 12406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-zizzo-nyappdiv-1991.

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