Matter of Delisa

2 Citing cases

  1. Matter of Regnier

    260 A.D.2d 873 (N.Y. App. Div. 1999)   Cited 2 times

    Falsifying data on documents prepared in the course of employment has been held to constitute disqualifying misconduct (see, Matter of Marigliano [DHL Worldwide Courier Serv. — Sweeney], 248 A.D.2d 782, 783; Matter of Shuba [Sweeney], 246 A.D.2d 710). Here, the employer had a reasonable expectation that claimant would report accurate figures, especially given his supervisory position (see, e.g., Matter of Delisa [Hartnett], 179 A.D.2d 917). Claimant's proffered excuse for the misrepresentations and his testimony that he was terminated for reasons other than that expressed by the employer presented credibility issues for the Board to resolve (see, Matter of Merard [Rockland Arc — Sweeney], 240 A.D.2d 828, 829). Claimant's remaining contentions, including his assertion of bias on the part of the Administrative Law Judge and attack on the sufficiency of the hearing transcript, have been reviewed and found to be without merit. Mikoll, J. P., Mercure, Spain and Carpinello, JJ., concur.

  2. Matter of Barresi

    256 A.D.2d 667 (N.Y. App. Div. 1998)   Cited 1 times

    The Board therefore drew its own conclusions as to whether claimant's behavior amounted to misconduct for the purpose of unemployment insurance benefits. Furthermore, inasmuch as claimant's carelessness in misplacing his personal firearm for nearly a year bore materially on claimant's fitness for his position as a Sheriff's Deputy, substantial evidence supports the Board's finding that claimant's action amounted to disqualifying misconduct (see, e.g., Matter of Punter [Ross], 43 N.Y.2d 743, 744; Matter of Delisa [Hartnett], 179 A.D.2d 917, 918). Claimant's remaining contentions, including his assertion that the Board was required to hold a new hearing, have been reviewed and found to be without merit.