Opinion
November 9, 2000.
Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed June 2, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct, and (2) from a decision of said Board, filed August 4, 1999, which, upon reconsideration, adhered to its prior decision.
Sonia Cordova, New York City, appellant in person.
Eliot Spitzer, Attorney-General (Carmen R. Torrent of counsel), New York City, for respondent.
Before: Cardona, P.J., Mercure, Peters, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from her position as program director of a senior citizen center when, in violation of the employer's established procedures, she purchased furniture without soliciting bids from vendors or obtaining the requisite written approval. Claimant was on probation at the time as the result of various complaints concerning her work performance. Given claimant's knowing disregard of the employer's purchasing policy and prior conduct, substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant engaged in disqualifying misconduct (see generally, Matter of Celeiro [Dentsply Equip. — Commissioner of Labor], 254 A.D.2d 599; Matter of Naraine [Sweeney], 245 A.D.2d 932, 933).
Furthermore, we reject claimant's assertion that she was denied due process because the manager of the department which provided outside funding for the senior citizen center, whose authorization was needed for the furniture purchase, failed to respond to a subpoena. We find no reason to disturb the Board's finding that the manager's testimony was unnecessary given claimant's admission that she purchased the furniture in error and failed to follow the established purchasing procedures (see, Matter of O'Connor [Howell — Hartnett], 165 A.D.2d 946, 948;cf., Matter of Ward [Commissioner of Labor], 256 A.D.2d 773, 774).
ORDERED that the decisions are affirmed, without costs.