From Casetext: Smarter Legal Research

Matter of Collazo

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1996
228 A.D.2d 840 (N.Y. App. Div. 1996)

Opinion

June 13, 1996

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from her position as a school crossing guard for failing to perform her duties. The Board denied her application for unemployment insurance benefits, finding that she was terminated for misconduct. Evidence was adduced at the hearing that claimant, who admitted she understood her duties, failed to stand in the center of the crosswalk, direct traffic or escort the children across the crosswalk. In addition, claimant allowed the children to cross the crosswalk against the light. A police officer, who had observed claimant at her job, testified that three children, who were crossing the intersection without assistance from claimant, were almost struck by motor vehicles. Since claimant's conduct evinces a willful disregard of behavior which employers have the right to expect of their employees, we find the Board's finding is supported by substantial evidence ( see, Matter of Punter [Ross], 43 N.Y.2d 743, 744).

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


Summaries of

Matter of Collazo

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1996
228 A.D.2d 840 (N.Y. App. Div. 1996)
Case details for

Matter of Collazo

Case Details

Full title:In the Matter of the Claim of ALEJANDRINA COLLAZO, Appellant. JOHN E…

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

Date published: Jun 13, 1996

Citations

228 A.D.2d 840 (N.Y. App. Div. 1996)
644 N.Y.S.2d 88