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In re Mtr. of Kathleen

Appellate Division of the Supreme Court of New York, Third Department
Mar 15, 2007
38 A.D.3d 1084 (N.Y. App. Div. 2007)

Opinion

No. 501248.

March 15, 2007.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 3, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Kathleen M. Whaley, Fulton, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Before: Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ., concur.


Claimant worked as a payroll specialist at a hospital. She was terminated from her position after her employer discovered that she inaccurately entered the date of an employee's pay increase which resulted in an overpayment of wages. The employee concerned was claimant's fiancé. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that her employment was terminated due to misconduct. Claimant appeals.

We affirm. An employee's apparent dishonesty has been held to constitute disqualifying misconduct ( see Matter of Smith [Commissioner of Labor], 23 AD3d 973, 974; Matter of Susswein [American Socy. of Composers, Authors Pubis.Commissioner of Labor], 18 AD3d 1091, 1091). Here, claimant's supervisor stated that she believed that claimant intentionally falsified payroll records in order to benefit her fiancé. Although claimant maintained that the inaccuracy was an innocent mistake, this presented an issue of credibility for the Board to resolve ( see Matter of Keeler [Commissioner of Labor], 15 AD3d 718, 719). Inasmuch as substantial evidence supports the Board's decision, we decline to disturb it.

Ordered that the decision is affirmed, without costs.


Summaries of

In re Mtr. of Kathleen

Appellate Division of the Supreme Court of New York, Third Department
Mar 15, 2007
38 A.D.3d 1084 (N.Y. App. Div. 2007)
Case details for

In re Mtr. of Kathleen

Case Details

Full title:In the Matter of the Claim of KATHLEEN M. WHALEY, Appellant. COMMISSIONER…

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

Date published: Mar 15, 2007

Citations

38 A.D.3d 1084 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 2011
831 N.Y.S.2d 775

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