From Casetext: Smarter Legal Research

Matter of Binenbaum

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1975
50 A.D.2d 684 (N.Y. App. Div. 1975)

Opinion

November 20, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 21, 1975, which reversed the decision of the referee overruling the initial determination of the Industrial Commissioner and held that the claimant was disqualified from receiving benefits because she lost her employment through misconduct. Although claimant, a medical file clerk in a hospital, had been previously warned that she was not to leave the hospital before quitting time without permission, she admitted that she left on the day in question without making any attempt to notify either her supervisor or her coworkers. Claimant alleges that she had been advised by her sister that her mother wanted to be taken to a doctor. The claimant's conduct in leaving her post without notification and without permission and the falsification of her time sheet constituted misconduct in connection with her employment so as to disqualify her from receiving benefits (Matter of Toes [Levine], 48 A.D.2d 1012; Matter of Kundin [Levine], 45 A.D.2d 818). Decision affirmed, without costs. Greenblott, J.P., Koreman, Main, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Binenbaum

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1975
50 A.D.2d 684 (N.Y. App. Div. 1975)
Case details for

Matter of Binenbaum

Case Details

Full title:In the Matter of the Claim of BARBARA BINENBAUM, Appellant. LOUIS L…

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

Date published: Nov 20, 1975

Citations

50 A.D.2d 684 (N.Y. App. Div. 1975)

Citing Cases

Matter of Elewa

We affirm. Claimant's actions of falsifying his time sheet (see, Matter of Binenbaum [Levine], 50 A.D.2d 684)…