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Matter of Cuello

Appellate Division of the Supreme Court of New York, Third Department
Dec 2, 1999
267 A.D.2d 553 (N.Y. App. Div. 1999)

Opinion

December 2, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 30, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Juan A. Cuello, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Marjorie S. Leff of counsel), New York City, for respondent.

Before: MIKOLL, J.P., CREW III, CARPINELLO, GRAFFEO and MUGGLIN, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant, a customer service representative for a bank, lost his employment due to misconduct. Pursuant to an investigation, it was discovered that claimant had incorrectly completed consulate letters to be forwarded to the Federal government for immigration purposes and also, without following banking procedures, had approved a $45,000 wire transfer, later discovered to be fraudulent, resulting in a substantial loss to the employer. Under these circumstances, we find no reason to disturb the Board's decision that claimant's conduct, which disregarded the employer's best interest, rose to the level of disqualifying misconduct (see, Matter of Hartman [Roslyn Sav. Bank — Commissioner of Labor], 257 A.D.2d 878; Matter of Vinci [Commissioner of Labor], 253 A.D.2d 994; cf., Matter of Donlin [Ross], 63 A.D.2d 1113).

MIKOLL, J.P., CREW III, CARPINELLO, GRAFFEO and MUGGLIN, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Cuello

Appellate Division of the Supreme Court of New York, Third Department
Dec 2, 1999
267 A.D.2d 553 (N.Y. App. Div. 1999)
Case details for

Matter of Cuello

Case Details

Full title:In the Matter of the Claim of JUAN A. CUELLO, Appellant. COMMISSIONER OF…

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

Date published: Dec 2, 1999

Citations

267 A.D.2d 553 (N.Y. App. Div. 1999)
699 N.Y.S.2d 207