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In re the Claim of Ali

Appellate Division of the Supreme Court of New York, Third Department
Feb 20, 2003
302 A.D.2d 787 (N.Y. App. Div. 2003)

Opinion

92551

Decided and Entered: February 20, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 15, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Rahmana Ali, Woodridge, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Before: Peters, J.P., Spain, Carpinello, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant was employed as the sole support staff for an attorney. Part of claimant's duties included preparing checks to be signed by the employer. Less than a month after starting her job, claimant was discharged after she twice signed the employer's name to payroll checks. Although claimant maintained that she was authorized to sign the employer's name on the payroll checks, the employer testified that no person other than herself was an authorized signatory on the firm account and that claimant was not permitted even to sign letters on the employer's behalf without adding her own initials. Notwithstanding the fact that claimant was entitled to the paychecks, her conduct of signing checks without authorization, once while the employer was present at the office and another time when the employer was on vacation, was contrary to the standards of behavior which the employer had a right to expect (see Matter of Punter [Ross], 43 N.Y.2d 743; Matter of Ripley [Commissioner of Labor], 284 A.D.2d 877). Inasmuch as substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant engaged in disqualifying misconduct, it will not be disturbed.

Peters, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In re the Claim of Ali

Appellate Division of the Supreme Court of New York, Third Department
Feb 20, 2003
302 A.D.2d 787 (N.Y. App. Div. 2003)
Case details for

In re the Claim of Ali

Case Details

Full title:IN THE MATTER OF THE CLAIM OF RAHMANA ALI, Appellant. COMMISSIONER OF…

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

Date published: Feb 20, 2003

Citations

302 A.D.2d 787 (N.Y. App. Div. 2003)
754 N.Y.S.2d 923