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Matter of Claim of Trahan

Appellate Division of the Supreme Court of New York, Third Department
Jun 22, 2000
273 A.D.2d 664 (N.Y. App. Div. 2000)

Opinion

Decided and Entered: June 22, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 16, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Ramona Trahan, Monticello, appellant in person.

Eliot Spitzer, Attorney-General (Norman Uris of counsel), New York City, for respondent.

Before: Cardona, P.J., Peters, Spain, Graffeo and Mugglin, JJ.


MEMORANDUM AND ORDER

Claimant was discharged from her position as a convenience store manager for leaving work prior to the completion of her shift and falsifying the time of her arrival and departure in the log book. The Unemployment Insurance Appeal Board held that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

We affirm. Substantial evidence supports the Board's decision that claimant committed disqualifying misconduct by falsifying her time records. The record reveals that claimant repeatedly showed up late and would leave early while claiming she had been there throughout the scheduled shift. It is well settled that "an employee's falsification of time records * * * may constitute disqualifying misconduct" (Matter of Granek [Commissioner of Labor], 262 A.D.2d 680, 680-681; see, Matter of Normandin [Commissioner of Labor], 265 A.D.2d 791; 697 N.Y.S.2d 388, 389; Matter of Hendrickson [Commissioner of Labor], 250 A.D.2d 909). Claimant's exculpatory explanations raised a credibility issue for the Board to resolve (see, Matter of Granek [Commissioner of Labor], supra, at 681).

Cardona, P.J., Peters, Spain, Graffeo and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Claim of Trahan

Appellate Division of the Supreme Court of New York, Third Department
Jun 22, 2000
273 A.D.2d 664 (N.Y. App. Div. 2000)
Case details for

Matter of Claim of Trahan

Case Details

Full title:In the Matter of the Claim of RAMONA TRAHAN, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 22, 2000

Citations

273 A.D.2d 664 (N.Y. App. Div. 2000)
711 N.Y.S.2d 348