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Matter of Keast

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 851 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Unemployment Insurance Appeal Board.


Claimant was a resident counselor at Essex County ARC (hereinafter the employer). Claimant took three residents to Vermont to see a Christmas play. While returning from the trip, claimant stopped at a local mall to transact personal business, leaving the residents unattended in the van. Claimant was terminated for such actions and the Board denied her application for unemployment insurance benefits, finding that she was terminated for misconduct. Inasmuch as there is no dispute as to the circumstances leading to claimant's termination and that her actions violated the employer's policies prohibiting employees from leaving residents alone or attending to personal business during work hours, we find that this determination is supported by substantial evidence.

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


Summaries of

Matter of Keast

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 851 (N.Y. App. Div. 1996)
Case details for

Matter of Keast

Case Details

Full title:In the Matter of the Claim of KAY KEAST, Appellant. ESSEX COUNTY ARC…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 851 (N.Y. App. Div. 1996)
638 N.Y.S.2d 201