From Casetext: Smarter Legal Research

Matter of Yuhas

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 1995
220 A.D.2d 977 (N.Y. App. Div. 1995)

Opinion

October 26, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant was terminated from her position as world travel payment coordinator for a bank because of her failure to disclose a prior criminal conviction. Claimant was convicted of the crime of petit larceny in 1978, yet she failed to inform her employer of this conviction in her 1987 employment application or her employer's 1992 request for information. Claimant contends that because she mistakenly assumed that this conviction did not have to be disclosed due to her age at the time of the crime and obtained an order vacating the judgment of conviction after her discharge, the Board erred in concluding that she was terminated for misconduct. We find this argument to be without merit. Claimant's employer had a vested interest in employing honest individuals and claimant failed to disclose her conviction of a crime which directly bore upon her honesty. Under these circumstances, substantial evidence supports the Board's finding of misconduct ( see, Matter of Sapp [Roberts], 111 A.D.2d 977). We have considered claimant's other arguments and find them to be without merit.

Cardona, P.J., Mikoll, Mercure, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Yuhas

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 1995
220 A.D.2d 977 (N.Y. App. Div. 1995)
Case details for

Matter of Yuhas

Case Details

Full title:In the Matter of the Claim of LYDIA YUHAS, Appellant. JOHN E. SWEENEY, as…

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

Date published: Oct 26, 1995

Citations

220 A.D.2d 977 (N.Y. App. Div. 1995)
632 N.Y.S.2d 721

Citing Cases

Matter of Silva

Claimant was discharged from his employment as a flight attendant after the employer discovered that claimant…

Matter of Millien

Inasmuch as the employer was responsible for the health and safety of the emotionally disturbed adolescent…