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Matter of Worden

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 711 (N.Y. App. Div. 1998)

Opinion

July 9, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was terminated from his employment for violating the employer's policy forbidding fraternization with subordinates. In a decision filed and mailed on September 10, 1997, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. Because claimant did not file an appeal with this Court until November 8, 1997, his appeal must be dismissed as untimely ( see, Labor Law § 624 Lab.; Matter of Linderman [Hudacs], 207 A.D.2d 929). In any event, were we to consider the merits, we would find substantial evidence in the record to support the Board's decision ( see, Matter of Novellano [Sweeney], 216 A.D.2d 655).

Cardona, P. J., Mercure, White, Carpinello and Graffeo, JJ., concur.

Ordered that the appeal is dismissed, without costs.


Summaries of

Matter of Worden

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 711 (N.Y. App. Div. 1998)
Case details for

Matter of Worden

Case Details

Full title:In the Matter of the Claim of CRAIG W. WORDEN, Appellant. COMMISSIONER OF…

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

Date published: Jul 9, 1998

Citations

252 A.D.2d 711 (N.Y. App. Div. 1998)
675 N.Y.S.2d 432