From Casetext: Smarter Legal Research

Matter of Abenoza

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 427 (N.Y. App. Div. 1991)

Opinion

September 26, 1991

Appeal from the Unemployment Insurance Appeal Board.


Claimant's denial of the employer's allegations that he was aware of the employer's rules concerning loans to employees and the procedure for closing out cash registers at the end of the day merely presented questions of fact and credibility for the Unemployment Insurance Appeal Board to resolve (see, Matter of McGlynn [Levine], 52 A.D.2d 709). Given that employees who fail to adhere to company rules are subject to disqualification from receiving unemployment insurance benefits for misconduct (see, Matter of Olan [Ross], 60 A.D.2d 113), the Board's decision is supported by substantial evidence and must be upheld (see, Matter of Nunes [Roberts], 98 A.D.2d 934). Claimant's remaining contentions have been considered and found to be lacking in merit.

Mahoney, P.J., Casey, Mikoll, Levine and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Abenoza

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 427 (N.Y. App. Div. 1991)
Case details for

Matter of Abenoza

Case Details

Full title:In the Matter of the Claim of HUMBERTO Y. ABENOZA, Appellant. THOMAS F…

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

Date published: Sep 26, 1991

Citations

176 A.D.2d 427 (N.Y. App. Div. 1991)
574 N.Y.S.2d 418

Citing Cases

In the Matter of the Claim of Lazar

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant engaged…