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Matter of Rothman

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 818 (N.Y. App. Div. 1997)

Opinion

September 11, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from his employment as a salesperson when his employer discovered that he had violated the company policy forbidding employees from taking home company materials, such as catalogs and price lists. Claimant acknowledged that he was aware of this policy but that he nonetheless took company materials home and later destroyed some of them because he felt that his work efforts were not sufficiently appreciated. Substantial evidence supports the Unemployment Insurance Appeal Board's ruling finding claimant guilty of disqualifying misconduct. Failing to comply with the employer's established policies and procedures and acting in a manner contrary to the employer's best interests constitute disqualifying misconduct ( see, Matter of Imondi [North Fork Bank — Sweeney], 233 A.D.2d 736; see, Matter of Naymark [Tanagraphics — Sweeney], 232 A.D.2d 804). The decision of the Board is, accordingly, affirmed.

Mercure, J.P., Casey, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Rothman

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 818 (N.Y. App. Div. 1997)
Case details for

Matter of Rothman

Case Details

Full title:In the Matter of the Claim of JOSHUA C. ROTHMAN, Appellant. JOHN E…

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

Date published: Sep 11, 1997

Citations

242 A.D.2d 818 (N.Y. App. Div. 1997)
661 N.Y.S.2d 1025

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