Opinion
Decided and Entered: July 12, 2001.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 31, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Del Buono Diodati (David R. Diodati of counsel), New Hartford, for appellant.
Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.
Before: Cardona, P.J., Crew III, Spain, Carpinello and, Rose, JJ.
MEMORANDUM AND ORDER
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board which ruled that claimant was discharged from his employment as a truck driver due to disqualifying misconduct. Despite being aware of the employer's rule that driving on the Thruway was prohibited under any circumstances, claimant admitted violating this policy in order to deliver a late shipment on time. Knowingly violating an employer's established policies and procedures has been held to constitute disqualifying misconduct (see, e.g., Matter of Ahmend [Commissioner of Labor], 254 A.D.2d 561; Matter of Egelberg [Sweeney], 244 A.D.2d 684). Accordingly, we find no reason to disturb the Board's decision, notwithstanding claimant's exculpatory explanation for the rule violation.
Cardona, P.J., Crew III, Spain, Carpinello and Rose, JJ., concur.
ORDERED that the decision is affirmed, without costs.