From Casetext: Smarter Legal Research

Matter of Diallo

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1999
263 A.D.2d 608 (N.Y. App. Div. 1999)

Opinion

July 1, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 5, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Alassane Diallo, New York City, appellant in person.

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

Before: CARDONA, P.J., MIKOLL, CREW III, SPAIN and GRAFFEO, JJ.


MEMORANDUM AND ORDER

Claimant, a hotel desk clerk working the night shift, was given permission to leave work early in order to attend school if he arranged for a co-worker to cover the desk for the remainder of his shift. Claimant was discharged from his employment after it was discovered that he repeatedly left work early without obtaining coverage and indicated on the signing-out sheet that he had worked his full shift. Unauthorized departure from work as well as falsifying one's time sheet can constitute disqualifying misconduct (see, Matter of Hendrickson [Commissioner of Labor], 250 A.D.2d 909, 910), especially where, as here, claimant had been warned regarding his actions. Under these circumstances we conclude that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant engaged in disqualifying misconduct. While claimant's version of the events differed from that offered by the employer, it is within the Board's province to resolve issues of credibility (see, id., at 910).

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Diallo

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1999
263 A.D.2d 608 (N.Y. App. Div. 1999)
Case details for

Matter of Diallo

Case Details

Full title:In the Matter of the Claim of ALASSANE DIALLO, Appellant. COMMISSIONER OF…

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

Date published: Jul 1, 1999

Citations

263 A.D.2d 608 (N.Y. App. Div. 1999)
692 N.Y.S.2d 783