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Matter of Rifkin

Appellate Division of the Supreme Court of New York, Third Department
Feb 16, 1995
212 A.D.2d 929 (N.Y. App. Div. 1995)

Opinion

February 16, 1995

Appeal from the Unemployment Insurance Appeal Board.


The Board found that claimant, without his employer's permission, threw away certain documents and files belonging to the employer. As a result, he was discharged. The Board also found that claimant, an attorney, should have known that he should not have disposed of the files. Given these findings and the record before us, there is substantial evidence to support the Board's conclusion that claimant's actions constituted misconduct and that his employment therefore ended under disqualifying conditions. Claimant's contentions to the contrary raise questions of credibility which were for the Board to resolve.

Mikoll, J.P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Rifkin

Appellate Division of the Supreme Court of New York, Third Department
Feb 16, 1995
212 A.D.2d 929 (N.Y. App. Div. 1995)
Case details for

Matter of Rifkin

Case Details

Full title:In the Matter of the Claim of ROBERT A. RIFKIN, Appellant. JOHN E…

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

Date published: Feb 16, 1995

Citations

212 A.D.2d 929 (N.Y. App. Div. 1995)
622 N.Y.S.2d 630