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Matter of Derian

Appellate Division of the Supreme Court of New York, Third Department
May 15, 1997
239 A.D.2d 722 (N.Y. App. Div. 1997)

Opinion

May 15, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a store manager until he was discharged from his employment for violating a company policy requiring that the store's safe be kept securely locked at all times. Claimant's failure to abide by this rule resulted in the theft of $1,467 from the store's safe. Following his discharge, claimant applied for unemployment insurance benefits, stating on his application that he had lost his employment due to corporate down-sizing. The Unemployment Insurance Appeal Board ruled, inter alia, that claimant had lost his employment due to misconduct and that he had made willful false statements to obtain benefits.

We affirm. Failure to comply with the employer's established policies and procedures constitutes disqualifying misconduct ( see, Matter of Rooney [Sweeney], 236 A.D.2d 775; Matter of Kobrin [Sweeney], 216 A.D.2d 625, 626). Substantial evidence supports the Board's determination that claimant lost his employment due to such disqualifying misconduct and that he made willful false statements to obtain them. To the extent that claimant provided testimony to the contrary, this merely presented a credibility issue for the Board to resolve.

Crew III, J.P., White, Casey, Yesawich Jr. and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Derian

Appellate Division of the Supreme Court of New York, Third Department
May 15, 1997
239 A.D.2d 722 (N.Y. App. Div. 1997)
Case details for

Matter of Derian

Case Details

Full title:In the Matter of the Claim of GREGORY A. DERIAN, Appellant. JOHN E…

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

Date published: May 15, 1997

Citations

239 A.D.2d 722 (N.Y. App. Div. 1997)
657 N.Y.S.2d 262

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