From Casetext: Smarter Legal Research

Matter of O'Brien

Appellate Division of the Supreme Court of New York, Third Department
Feb 6, 1992
180 A.D.2d 841 (N.Y. App. Div. 1992)

Opinion

February 6, 1992

Appeal from the Unemployment Insurance Appeal Board.


The Unemployment Insurance Appeal Board reopened claimant's case pursuant to the consent judgment of Municipal Labor Comm. v Sitkin (Unempl Ins Rep [CCH] 21,712 [79 Civ 5899]), which concerns compliance with certain procedural safeguards. In so doing, the Board also apparently considered the merits of claimant's case. Any claims of procedural deficiencies are unsupported by the record (see, Matter of Ferri [Roberts], 114 A.D.2d 743). Furthermore, there is substantial evidence in the record to support the Board's conclusion that claimant's conviction of a felony constituted misconduct in connection with her employment, thus disqualifying her from receiving unemployment insurance benefits (see, Matter of McCallum [New York City Dept. of Transp. Bur. of Highways — Roberts], 126 A.D.2d 833, lv denied 69 N.Y.2d 613; Matter of Markowitz [New York City Human Resources Admin. — Roberts], 94 A.D.2d 155). Claimant's remaining contentions have been considered and rejected as being without merit.

Weiss, P.J., Levine, Mercure and Mahoney, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of O'Brien

Appellate Division of the Supreme Court of New York, Third Department
Feb 6, 1992
180 A.D.2d 841 (N.Y. App. Div. 1992)
Case details for

Matter of O'Brien

Case Details

Full title:In the Matter of the Claim of MARIAN O'BRIEN, Appellant. THOMAS F…

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

Date published: Feb 6, 1992

Citations

180 A.D.2d 841 (N.Y. App. Div. 1992)
579 N.Y.S.2d 765

Citing Cases

Tolliver v. Greiner

Assuming, arguendo, that the above-quoted portion of the prosecution's summation was inappropriate, this…

People v. Sloley

For this reason, defendant's assertion that the People's application for a DNA sample should not have been…