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In the Matter of Claim of Kaissar

Appellate Division of the Supreme Court of New York, Third Department
Jan 29, 2004
3 A.D.3d 829 (N.Y. App. Div. 2004)

Opinion

94496.

Decided and Entered: January 29, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 19, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Rachel Kaissar, New York City, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for respondent.

Before: Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost her employment as a staff accountant due to disqualifying misconduct. The record establishes that claimant removed documents from work, although aware of the company policy that documents not be removed without permission. She then refused the employer's request that they be returned, testifying that she needed the documents for a potential harassment and discrimination suit against the employer. Inasmuch as failure to comply with a reasonable request (see Matter of Holland [Commissioner of Labor], 292 A.D.2d 667, 668) or known policy of the employer which is detrimental to the employer's interest has been held to constitute misconduct (see Matter of Arbatosky [Commissioner of Labor], 302 A.D.2d 787, 788; Matter of Rothman [Sweeney], 242 A.D.2d 818), we find no reason to disturb the Board's decision. Claimant's belated assertion that she had permission to take the documents presented a credibility issue for the Board (see Matter of Arbatosky [Commissioner of Labor], supra at 788).

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Claim of Kaissar

Appellate Division of the Supreme Court of New York, Third Department
Jan 29, 2004
3 A.D.3d 829 (N.Y. App. Div. 2004)
Case details for

In the Matter of Claim of Kaissar

Case Details

Full title:IN THE MATTER OF THE CLAIM OF RACHEL KAISSAR, Appellant. COMMISSIONER OF…

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

Date published: Jan 29, 2004

Citations

3 A.D.3d 829 (N.Y. App. Div. 2004)
770 N.Y.S.2d 912