From Casetext: Smarter Legal Research

Matter of Gonzalez

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 748 (N.Y. App. Div. 1998)

Opinion

February 19, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a lavatory attendant for a race track until he was discharged after two supervisors observed him sleeping during work hours. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because he was terminated due to misconduct. Upon our review of the record, we find substantial evidence exists to support the Board's decision and, accordingly, affirm. Although claimant stated that he was aware of the employer's policy prohibiting employees from sleeping during work hours, he vehemently denied that he had been sleeping. Claimant's testimony, which conflicted with that of one of the supervisors who had observed him, presented a credibility issue for the Board to resolve ( see, Matter of Andrews [Hartnett], 176 A.D.2d 429). A violation of an employer's policy of which the employee is aware has been held to constitute misconduct ( see, Matter of Dimassimo [Eastman Kodak Co. — Sweeney], 231 A.D.2d 777; Matter of Andrews [Hartnett], supra). Claimant's remaining arguments have been examined and found to be without merit.

Cardona, P.J., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Gonzalez

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 748 (N.Y. App. Div. 1998)
Case details for

Matter of Gonzalez

Case Details

Full title:In the Matter of the Claim of RAYMOND GONZALEZ, Appellant. JOHN E…

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

Date published: Feb 19, 1998

Citations

247 A.D.2d 748 (N.Y. App. Div. 1998)
669 N.Y.S.2d 93

Citing Cases

Matter of the Claim of Horan

Claimant was also charged with a recoverable overpayment of benefits on the ground that she made a willful…

In re the Claim of De Maria

Significantly, claimant had been warned on three prior occasions about sleeping on the job. While claimant…