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Matter of Flora

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1998
252 A.D.2d 624 (N.Y. App. Div. 1998)

Opinion

July 2, 1998

Appeal the Unemployment Insurance Appeal Board.


Claimant was an office manager for a manufacturing business whose job responsibilities included the payment of health insurance premiums on behalf of certain employees. She was terminated from her employment for continuing to supply medical coverage for former employees without the employer's knowledge. Substantial evidence supports the determination of the Unemployment Insurance Appeal Board that claimant lost her employment under disqualifying circumstances. The record indicates that claimant used the employer's funds to secure 18 months of health insurance for three former employees, namely her father and two uncles, without obtaining the employer's permission. Such unauthorized disbursement of an employer's funds is detrimental to an employer's interest and may constitute disqualifying misconduct ( see, Matter of Naymark [Tanagraphics, Inc. — Sweeney], 232 A.D.2d 804; see also, Matter of Frascino [Hudacs], 211 A.D.2d 842). Claimant's testimony that the employer authorized the payments merely created a credibility issue for the Board to resolve ( see, Matter of Foster [Sweeney], 244 A.D.2d 628). We have examined claimant's remaining contentions and find them to be lacking in merit.

Yesawich Jr., J. P., Peters, Spain, Carpinello and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Flora

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1998
252 A.D.2d 624 (N.Y. App. Div. 1998)
Case details for

Matter of Flora

Case Details

Full title:In the Matter of the Claim of JOANN FLORA, Appellant. COMMISSIONER OF…

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

Date published: Jul 2, 1998

Citations

252 A.D.2d 624 (N.Y. App. Div. 1998)
675 N.Y.S.2d 227