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In the Matter of Claim of Little

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

94408.

Decided and Entered: January 29, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 31, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Cynthia D. Little, Roosevelt, appellant pro se.

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

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


MEMORANDUM AND ORDER

On May 11, 2002, claimant, a field representative for a child care council, submitted a doctor's note following a three-day absence from work which indicated that she could return to work on May 16, 2002 and that there had been a $43 co-payment, which the employer ultimately reimburses. Upon verifying the information with claimant's doctor, the employer learned that the co-payment and return date had been altered. The employer testified that claimant was discharged after she admitted to the alteration without explanation. The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, ruled that claimant was disqualified from receiving benefits because she lost her employment due to misconduct. It has been held that "submission of falsified or altered documentation to an employer may constitute misconduct" (Matter of Stanton [Commissioner of Labor], 275 A.D.2d 844; see Matter of Cortada [New York City Personnel Dept. — Commissioner of Labor], 275 A.D.2d 825). Inasmuch as claimant was clearly aware of the employer's policy against altering documentation, substantial evidence supports the Board's conclusion (see Matter of Gonyou [Commissioner of Labor], 297 A.D.2d 848). Claimant's proffered excuse, that she mistakenly submitted the wrong documents, presented a credibility issue for the Board to resolve (see Matter of Fay [Commissioner of Labor], 261 A.D.2d 671).

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

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Claim of Little

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 Little

Case Details

Full title:IN THE MATTER OF THE CLAIM OF CYNTHIA D. LITTLE, Appellant. COMMISSIONER…

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