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In re Epstein

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1996
233 A.D.2d 734 (N.Y. App. Div. 1996)

Opinion

November 21, 1996.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 10, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Berore: Cardona, P.J., Crew III, Yesawich Jr., Peters and Carpinello, JJ.


Discharged from her managerial position at an indoor children's play arena, claimant's application for unemployment insurance benefits was denied by the Board on the ground that she was terminated for misconduct. The record reveals that claimant authorized the payment of wages to an individual who was not employed by the company. Claimant acknowledged that she granted an employee's request to have his paycheck issued in his son's name because the employee was receiving disability benefits, but claimed that she received approval to do so from her supervisor. In light of this approval, claimant maintains that her part in this obviously improper scheme did not constitute disqualifying misconduct and that she is entitled to receive unemployment insurance benefits. Under these circumstances, however, we cannot say that the Board's decision is unsupported by substantial evidence ( see generally, Matter of Johnson [Mutual Life Ins. Co. " Roberts], 105 AD2d 1033; Matter of Sciascia [Levine], 53 AD2d 762).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Epstein

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1996
233 A.D.2d 734 (N.Y. App. Div. 1996)
Case details for

In re Epstein

Case Details

Full title:In the Matter of the Claim of MICHELE EPSTEIN, Appellant. JOHN E. SWEENEY…

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

Date published: Nov 21, 1996

Citations

233 A.D.2d 734 (N.Y. App. Div. 1996)
650 N.Y.S.2d 1014