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Matter of Claim of Guy

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 709 (N.Y. App. Div. 2000)

Opinion

May 11, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 11, 1999, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Robert A. Zuflacht, Carle Place, for appellant.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: Mercure, J.P., Crew III, Peters, Spain and Mugglin, JJ.


MEMORANDUM AND ORDER

Claimant was employed as a salesman for a car dealership until he was discharged from his employment due to misconduct. It was found that claimant had breached his duty to his employer by retaining a customer's car and license plates for his own use and concealing these activities from his employer. Conduct which reflects adversely on an employer's integrity or is potentially detrimental to an employer's interests has been held to constitute disqualifying misconduct (see, Matter of Mallard [Sweeney], 245 A.D.2d 932; Matter of Sinker [Sweeney], 226 A.D.2d 878,affd 89 N.Y.2d 485). Inasmuch as substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant lost his job due to disqualifying misconduct, we affirm.

Mercure, J.P., Crew III, Peters, Spain and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Claim of Guy

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 709 (N.Y. App. Div. 2000)
Case details for

Matter of Claim of Guy

Case Details

Full title:In the Matter of the Claim of PAUL R. GUY, Appellant. COMMISSIONER OF…

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

Date published: May 11, 2000

Citations

272 A.D.2d 709 (N.Y. App. Div. 2000)
708 N.Y.S.2d 907