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In re Rose

Appellate Division of the Supreme Court of New York, Third Department
May 15, 2008
51 A.D.3d 1235 (N.Y. App. Div. 2008)

Opinion

No. 503518.

May 15, 2008.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 22, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Michael J. Rose, Utica, appellant pro se.

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

Before: Cardona, P.J., Spain, Rose, Kane and Kavanagh, JJ.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board denying claimant's application for unemployment insurance benefits because he lost his employment as a result of disqualifying misconduct. The record establishes that claimant was involved in a two-vehicle accident while driving a company vehicle. Although claimant was familiar with the employer's accident-reporting policy and had several opportunities to comply therewith, claimant did not report the accident. The employer became aware of the accident several days later when it was contacted by the other driver's insurance company. Inasmuch as claimant's failure to abide by the employer's policy was potentially detrimental to the employer's interest, we find no reason to disturb the Board's finding of disqualifying misconduct ( see Matter of Goldman [Bronx-Lebanon Hosp. Ctr. — Commissioner of Labor], 42 AD3d 847, 847-848; Matter of Sarfati [Commissioner of Labor], 281 AD2d 741).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Rose

Appellate Division of the Supreme Court of New York, Third Department
May 15, 2008
51 A.D.3d 1235 (N.Y. App. Div. 2008)
Case details for

In re Rose

Case Details

Full title:In the Matter of the Claim of MICHAEL J. ROSE, Appellant. COMMISSIONER OF…

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

Date published: May 15, 2008

Citations

51 A.D.3d 1235 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4416
858 N.Y.S.2d 808