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Matter of the Claim of Sarfati

Appellate Division of the Supreme Court of New York, Third Department
Mar 8, 2001
281 A.D.2d 741 (N.Y. App. Div. 2001)

Opinion

March 8, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 10, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Leonard T. Sarfati, Huntington Station, appellant in person.

Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.

Before: Cardona, P.J., Mercure, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant was discharged from his employment as a letter carrier for the United States Postal Service after he failed to report his involvement in a motor vehicle accident which occurred during the course of his employment. Although the other motorist wanted the incident to be reported, claimant determined that any damage did not warrant a report and left the scene. It was not until the employer summoned claimant upon his return to the office to discuss the incident that claimant filled out a report. Claimant also was later issued a ticket for leaving the scene of an accident. Inasmuch as claimant's conduct in failing to follow the employer's known accident reporting procedures was detrimental to the employer's interest, substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant's action amounted to disqualifying misconduct (see, Matter of Garnica [Dolce Intl. — Commissioner of Labor], 261 A.D.2d 765; Matter of Johnson [Wayandanch Day Care Ctr. — Commissioner of Labor], 257 A.D.2d 823).

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Sarfati

Appellate Division of the Supreme Court of New York, Third Department
Mar 8, 2001
281 A.D.2d 741 (N.Y. App. Div. 2001)
Case details for

Matter of the Claim of Sarfati

Case Details

Full title:IN THE MATTER OF THE CLAIM OF LEONARD T. SARFATI, Appellant. COMMISSIONER…

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

Date published: Mar 8, 2001

Citations

281 A.D.2d 741 (N.Y. App. Div. 2001)
721 N.Y.S.2d 297