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Matter of Drago

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 616 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant, the office manager of a pet cemetery, lost her job when her employer was forced to cease operations by the Federal Bureau of Investigation for misrepresentations made to clients. The evidence in the record is undisputed that claimant pleaded guilty to felony charges of mail fraud in connection with this investigation. Accordingly, we find that substantial evidence supports the Board's decision that claimant was disqualified from receiving unemployment insurance benefits. Moreover, in view of the reopening of the Board's initial decision by a different panel, we find claimant's assertion of a conflict of interest by one of the original panel members to be moot.

Mikoll, J.P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Drago

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 616 (N.Y. App. Div. 1995)
Case details for

Matter of Drago

Case Details

Full title:In the Matter of the Claim of KATHLEEN A. DRAGO, Appellant. JOHN E…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 616 (N.Y. App. Div. 1995)
627 N.Y.S.2d 183

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