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Matter of Santiago

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 845 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a laborer employed by the New York City Human Resources Administration, was found guilty after a hearing pursuant to Civil Service Law § 75 of submitting fraudulent overtime forms and, consequently, his employment was terminated. The Board disqualified claimant from receiving unemployment insurance benefits on the basis that his actions constituted misconduct. Although claimant maintains his innocence of the charges against him, this issue was conclusively determined in the Civil Service Law § 75 hearing. Since claimant was found guilty of falsifying his overtime forms in that proceeding, substantial evidence supports the Board's decision that such actions constitute misconduct. Accordingly, the Board's decision must be upheld.

Cardona, P.J., Casey, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Santiago

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 845 (N.Y. App. Div. 1996)
Case details for

Matter of Santiago

Case Details

Full title:In the Matter of the Claim of WALTER D. SANTIAGO, Appellant. NEW YORK CITY…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 845 (N.Y. App. Div. 1996)
637 N.Y.S.2d 813