Opinion
September 26, 1991
Appeal from the Unemployment Insurance Appeal Board.
Claimant, a sales manager for a retail clothing chain, was discharged for mishandling the contents of a wallet lost by a customer of the store. Soon after the wallet was found, several attempts at contacting the customer were made. When no one claimed the wallet, claimant spent part of the money on a management meeting for store personnel. Although the customer eventually did claim the wallet, claimant returned it without replacing the cash she had spent. These actions were detrimental to the employer's interest and, therefore, constituted misconduct within the meaning of the Labor Law (see, Matter of Beykirch [Roberts], 125 A.D.2d 857, lv denied 73 N.Y.2d 704; Matter of Stickane [Ithaca Coll. — Roberts], 122 A.D.2d 476, 477).
Mahoney, P.J., Casey, Yesawich Jr. and Mercure, JJ., concur. Ordered that the decision is affirmed, without costs.