From Casetext: Smarter Legal Research

Matter of Shuba

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1998
246 A.D.2d 710 (N.Y. App. Div. 1998)

Opinion

January 8, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was an outside sales representative for the employer until he was discharged for falsifying his sales call records by reporting that he had contacted a certain individual when in fact he had not. Claimant had previously been reprimanded for engaging in similar misconduct. The Unemployment Insurance Appeal Board ruled that claimant lost his job under disqualifying circumstances. Substantial evidence supports the Board's decision and we, accordingly, affirm. Falsifying records or reports submitted to an employer has been held to constitute disqualifying misconduct ( see, Matter of Quackenbush [Korman Sales Agency — Sweeney], 241 A.D.2d 653; Matter of English [General Acc. Ins. — Hudacs], 205 A.D.2d 821). Claimant's arguments with respect to alleged due process violations have been considered and found to be without merit.

Cardona, P.J., Crew III, White, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Shuba

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1998
246 A.D.2d 710 (N.Y. App. Div. 1998)
Case details for

Matter of Shuba

Case Details

Full title:In the Matter of the Claim of THOMAS A. SHUBA, Appellant. JOHN E. SWEENEY…

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

Date published: Jan 8, 1998

Citations

246 A.D.2d 710 (N.Y. App. Div. 1998)
666 N.Y.S.2d 523

Citing Cases

Matter of Zimmerman

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant lost his…

Matter of Regnier

We conclude that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that…