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In the Matter of the Claim of Buffaloe

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 2003
1 A.D.3d 683 (N.Y. App. Div. 2003)

Opinion

93848

Decided and Entered: November 6, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 26, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Daphne Buffaloe, New York City, appellant pro se.

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

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


MEMORANDUM AND ORDER

Claimant was employed as a financial consultant and provided with a company credit card to cover business-related expenses only. In October 2001, claimant was placed on a final warning for violating the employer's travel and business expenses policy after she failed to keep current on the credit card payment. Claimant was discharged in March 2002 after the employer discovered that she used the company credit card to rent a car for personal reasons because she had no personal credit available. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant lost her employment due to disqualifying misconduct. Although claimant explained that she needed the car to admit her mother to a hospital, she nevertheless knew that by using the company credit card she was jeopardizing her employment by violating the standards expected by the employer in a manner which was potentially detrimental to the employer's interest. Under these circumstances, we find no reason to disturb the Board's decision (see Matter of Rose [Commissioner of Labor], 282 A.D.2d 857; Matter of Attie [Roberts], 134 A.D.2d 751).

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

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of the Claim of Buffaloe

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 2003
1 A.D.3d 683 (N.Y. App. Div. 2003)
Case details for

In the Matter of the Claim of Buffaloe

Case Details

Full title:IN THE MATTER OF THE CLAIM OF DAPHNE BUFFALOE, Appellant. COMMISSIONER OF…

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

Date published: Nov 6, 2003

Citations

1 A.D.3d 683 (N.Y. App. Div. 2003)
766 N.Y.S.2d 624

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