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Matter of Class

Appellate Division of the Supreme Court of New York, Third Department
May 13, 1999
261 A.D.2d 772 (N.Y. App. Div. 1999)

Opinion

May 13, 1999

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from his employment after the employer discovered that claimant had failed to disclose on his employment application that he had been convicted of a felony. The employment application specifically stated that, if hired, any falsification or omission of information could lead to dismissal. Notwithstanding claimant's reasons for doing so, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits due to misconduct, given that claimant deliberately omitted the information from the employment application ( see, Matter of Jarvis [Sweeney], 228 A.D.2d 846).

Cardona, P. J., Mikoll, Mercure, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Class

Appellate Division of the Supreme Court of New York, Third Department
May 13, 1999
261 A.D.2d 772 (N.Y. App. Div. 1999)
Case details for

Matter of Class

Case Details

Full title:In the Matter of the Claim of JOSE C. CLASS, Appellant. ALLIANT FOOD…

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

Date published: May 13, 1999

Citations

261 A.D.2d 772 (N.Y. App. Div. 1999)
689 N.Y.S.2d 781

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