From Casetext: Smarter Legal Research

Matter of Cudia

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 817 (N.Y. App. Div. 1994)

Opinion

February 10, 1994

Appeal from the Unemployment Insurance Appeal Board.


Upon review of the record, we find that there was substantial evidence to support the Board's determination that claimant was discharged for misconduct from her position as a drug store cashier. Claimant was terminated for intentionally using a merchandise coupon to purchase an item different from that stated on the coupon in violation of the employer's known policy against this practice. Significantly, the Board was free to disbelieve claimant's explanation for her conduct and to credit the testimony of the employer's witness.

Cardona, P.J., Mercure, Casey, Weiss and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Cudia

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 817 (N.Y. App. Div. 1994)
Case details for

Matter of Cudia

Case Details

Full title:In the Matter of the Claim of ANN M. CUDIA, Appellant. JOHN F. HUDACS, as…

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

Date published: Feb 10, 1994

Citations

201 A.D.2d 817 (N.Y. App. Div. 1994)
607 N.Y.S.2d 492