From Casetext: Smarter Legal Research

Matter of Carter

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 777 (N.Y. App. Div. 1997)

Opinion

September 4, 1997

Appeal from the Unemployment Insurance Appeal Board.


Following an arbitration hearing held pursuant to Civil Service Law § 75, claimant was discharged from his employment as a correction officer for various violations of his employer's policies and regulations regarding, inter alia, sick leave. The Board properly gave collateral estoppel effect to the factual findings of the arbitrator inasmuch as claimant was given a full and fair opportunity to litigate the issue of his misconduct at the arbitration hearing ( see, Matter of Fox [New York City Dept. of Hous. Preservation Dev. — Sweeney], 233 A.D.2d 645, 646; Matter of Kilgore [Triboro Coach Corp. — Sweeney], 227 A.D.2d 710). Given the arbitrator's finding that claimant willfully violated the employer's sick leave policies, substantial evidence supports the Board's finding that claimant was disqualified from receiving unemployment insurance benefits ( see, Matter of Kobb [Sweeney], 235 A.D.2d 889).

On administrative appeal of the arbitrator's decision, which was not complete at the time of the Unemployment Insurance Appeal Board's decision, the factual findings were affirmed but suspension was recommended rather than termination.

Mikoll, J.P., White, Casey, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Carter

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 777 (N.Y. App. Div. 1997)
Case details for

Matter of Carter

Case Details

Full title:In the Matter of the Claim of CHARLES CARTER, Appellant. NEW YORK CITY…

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

Date published: Sep 4, 1997

Citations

242 A.D.2d 777 (N.Y. App. Div. 1997)