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Matter of the Claim of Morgan

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 2002
291 A.D.2d 701 (N.Y. App. Div. 2002)

Opinion

90430

February 21, 2002.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 28, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Michael Morgan, Brick, New Jersey, appellant pro se.

Eliot Spitzer, Attorney-General, New York City (Bessie Bazile of counsel), for respondent.

Before: Cardona, P.J., Mercure, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

The record discloses that claimant was employed as a traffic enforcement agent for the New York City Department of Citywide Administration when a civilian was arrested who was found to be in possession of a forged New York City Police Department parking permit. In the course of a subsequent investigation of the matter, claimant admitted that he had obtained the forged parking permit from a third party and that he had given it to the person who had been arrested with the permit in his possession. Claimant further conceded his understanding that transfer of the permit was against the employer's rules. This Court has held that an employee's dishonest acts or knowing failure to adhere to the employer's established policies and procedures can be construed as disqualifying misconduct (see, Matter of Petrosov [Commissioner of Labor], 284 A.D.2d 874; Matter of Cuello [Commissioner of Labor], 267 A.D.2d 553). As substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant's actions constituted disqualifying misconduct, it will not be disturbed.

Cardona, P.J., Mercure, Mugglin, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Morgan

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 2002
291 A.D.2d 701 (N.Y. App. Div. 2002)
Case details for

Matter of the Claim of Morgan

Case Details

Full title:In the Matter of the Claim of MICHAEL MORGAN, Appellant. COMMISSIONER OF…

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

Date published: Feb 21, 2002

Citations

291 A.D.2d 701 (N.Y. App. Div. 2002)
738 N.Y.S.2d 429

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