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Matter of Costanza

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 1991
176 A.D.2d 412 (N.Y. App. Div. 1991)

Opinion

September 19, 1991

Appeal from the Unemployment Insurance Appeal Board.


Claimant admitted that he felt "uneasy" being watched by a surveillance camera while he worked and that he rendered the camera inoperative by covering the lens with a piece of paper. He also conceded that he was aware that the camera was there for security reasons. Under the circumstances, the Unemployment Insurance Appeal Board was entitled to conclude that claimant's actions violated a standard of behavior that the employer had a reasonable right to expect from him as an employee (see, Matter of Punter [Ross], 43 N.Y.2d 743). Accordingly, the decision that claimant was guilty of misconduct is supported by substantial evidence and must be upheld (see, Matter of De Cherro [Ross], 83 A.D.2d 709, lv denied 55 N.Y.2d 603).

Mahoney, P.J., Casey, Weiss, Mercure and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Costanza

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 1991
176 A.D.2d 412 (N.Y. App. Div. 1991)
Case details for

Matter of Costanza

Case Details

Full title:In the Matter of the Claim of ANTHONY COSTANZA, Appellant. THOMAS F…

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

Date published: Sep 19, 1991

Citations

176 A.D.2d 412 (N.Y. App. Div. 1991)
574 N.Y.S.2d 118