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Matter of Naraine

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 932 (N.Y. App. Div. 1997)

Opinion

December 24, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a customer service representative for a retail store until she was terminated for violating the employer's cash-handling procedure. Claimant acknowledged that she had received a copy of the employer's cash-handling policy and procedure, which stated that an employee's failure to comply therewith would result in disciplinary action, including termination. The Unemployment Insurance Appeal Board ruled that claimant lost her job under disqualifying circumstances. Substantial evidence supports the Board's decision. Failure to comply with an employer's established policies or procedures has been held to constitute disqualifying misconduct ( see, Matter of Rothman [Sweeney], 242 A.D.2d 818; Matter of O'Shea [Sweeney], 233 A.D.2d 736). Claimant's exculpatory explanation for the incident which caused her discharge raised a credibility issue which the Board was free to resolve against her ( see, Matter of Perkov [Sweeney], 231 A.D.2d 780; Matter of Johnson [Ross], 81 A.D.2d 681, 682).

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

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Naraine

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 932 (N.Y. App. Div. 1997)
Case details for

Matter of Naraine

Case Details

Full title:In the Matter of the Claim of SABRINA NARAINE, Appellant. JOHN E. SWEENEY…

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

Date published: Dec 24, 1997

Citations

245 A.D.2d 932 (N.Y. App. Div. 1997)
666 N.Y.S.2d 844

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