Opinion
June 19, 1967
Appeal from a decision of the Unemployment Insurance Appeal Board affirming the decision of a Referee which disqualified claimant from receiving benefits on the ground that he voluntarily left his employment without good cause (Labor Law, § 593, subd. 1) by provoking his discharge. Claimant was employed as a bank teller in a savings bank for approximately three years prior to the termination of his employment. Over a period of eight months, he had cashed checks for a customer who had a number of accounts with the bank with substantial balances. In June, 1966, he cashed checks for this customer totalling between $7,000 and $8,000 without first determining whether his bank balances were sufficient to cover the amount of the checks, which was a required procedure of the bank. At the time the customer had passbook loans up to the limit of his accounts. Claimant also failed to place the number of the account or accounts on the back of the checks that were cashed, also a procedure of the bank. Claimant admits that he was aware of the rules of the bank and that he made an error. Although claimant's conduct was apparently innocent, he admittedly did make a mistake, and the employer did have a right to make rules of procedure for the protection of the bank and to require compliance with them. ( Matter of Glassmith [ Catherwood], 27 A.D.2d 584; Matter of Ianitzky [ Catherwood], 24 A.D.2d 1043.) The Referee's findings that claimant was grossly negligent, and that his failure to adhere to the rules, constituted a provoked discharge (which is tantamount to a voluntary leaving of employment without good cause) are supported by substantial evidence. Decision affirmed, without costs. Gibson, P.J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Staley, Jr., J.