From Casetext: Smarter Legal Research

Matter of Mitch

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 738 (N.Y. App. Div. 1998)

Opinion

February 19, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was terminated from her employment as a nurse in a medical center after she administered the wrong dose of medicine to a patient in the alcohol detoxification unit. Our review of the record discloses that substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant engaged in disqualifying misconduct. The record establishes that claimant was warned and counseled on numerous occasions about her noncompliance with the employer's medication administration procedures and that any further errors could result in her discharge. Although claimant contends that the error was merely a mistake, it has been held that persistent negligence in spite of prior warnings can constitute misconduct ( see, Matter of Briere [Sweeney], 238 A.D.2d 647; Matter of Weinfeld [Coney Is. Hosp., N Y City Health Hosps. Corp. — Roberts], 135 A.D.2d 880, 881). Accordingly, we find no reason to disturb the Board's decision given claimant's repeated noncompliance with the employer's medication administration policy.

Cardona, P.J., Mikoll, Crew III, Peters and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Mitch

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 738 (N.Y. App. Div. 1998)
Case details for

Matter of Mitch

Case Details

Full title:In the Matter of the Claim of ANNE MITCH, Appellant. JOHN E. SWEENEY, as…

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

Date published: Feb 19, 1998

Citations

247 A.D.2d 738 (N.Y. App. Div. 1998)
669 N.Y.S.2d 73

Citing Cases

Matter of Anderson

At that time, the employer furnished claimant with training material which addressed the prevention of…

In the Matter of Kovalskaya

Here, claimant's repeated errors compromised the treatment of patients and her conduct was plainly…