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In the Matter of Berry

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 2004
4 A.D.3d 664 (N.Y. App. Div. 2004)

Opinion

94534.

Decided and Entered: February 19, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 13, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Andrew Elmore, Legal Aid Society, New York City, for appellant.

Eliot Spitzer, Attorney General, Albany (Dawn A. Foshee of counsel), for respondent.

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


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost her employment as a senior consumer banker due to misconduct. Although claimant had never received a prior warning for violating any of the employer's policies, claimant admitted to violating the employer's known policy not to accept a check without verifying the endorsements when presented with a check bearing two endorsements. The check was later returned upon a claim that the second endorsement was a forgery, thereby exposing the employer to a potential loss of over $53,000. We find no reason to disturb the Board's decision that claimant's conduct rose to the level of disqualifying misconduct inasmuch as such conduct was potentially detrimental to the employer's interest (see Matter of Cuello [Commissioner of Labor], 267 A.D.2d 553; Matter of Hartman [Roslyn Sav. Bank — Commissioner of Labor], 257 A.D.2d 878, 879; Matter of Imondi [North Fork Bank — Sweeney], 233 A.D.2d 736, 737).

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

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Berry

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 2004
4 A.D.3d 664 (N.Y. App. Div. 2004)
Case details for

In the Matter of Berry

Case Details

Full title:IN THE MATTER OF THE CLAIM OF HYACINTH BERRY, Appellant. COMMISSIONER OF…

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

Date published: Feb 19, 2004

Citations

4 A.D.3d 664 (N.Y. App. Div. 2004)
771 N.Y.S.2d 750