From Casetext: Smarter Legal Research

Matter of Huggins

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 877 (N.Y. App. Div. 1999)

Opinion

January 21, 1999.

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as an environmental services worker for, a medical center until he was discharged from his employment for taking food from the facility's cafeteria on more than one occasion in violation of the employer's policy against theft. The Unemployment Insurance Appeal Board overruled a determination of the Administrative Law Judge and found that claimant had lost his employment due to misconduct. We affirm. An employee's apparent dishonesty or failure to comply with the employer's established policies and procedures can constitute disqualifying misconduct ( see, Matter of Kinch [Sweeney], 244 A.D.2d 748, 749; Matter of Rooney [Sweeney], 236 A.D.2d 775). Substantial evidence supports the Board's decision that claimant lost his employment under disqualifying circumstances. Contrary to claimant's argument, the Board was within its authority in crediting the testimony of the cafeteria cashier who reported the thefts as opposed to claimant's general denial of wrongdoing ( see, Matter of Horton [Hartnett], 176 A.D.2d 1103). Claimant's remaining contentions have been reviewed and found to be unpersuasive.

Cardona, P. J., Peters, Spain, Carpinello and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Huggins

Appellate Division of the Supreme Court of New York, Third Department
Jan 21, 1999
257 A.D.2d 877 (N.Y. App. Div. 1999)
Case details for

Matter of Huggins

Case Details

Full title:In the Matter of the Claim of GLENN M. HUGGINS, Appellant. SAMARITAN…

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

Date published: Jan 21, 1999

Citations

257 A.D.2d 877 (N.Y. App. Div. 1999)
684 N.Y.S.2d 73