From Casetext: Smarter Legal Research

Matter of the Claim of Paley

Appellate Division of the Supreme Court of New York, Third Department
Jun 28, 2001
284 A.D.2d 868 (N.Y. App. Div. 2001)

Opinion

Decided and Entered: June 28, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 18, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Jill C. Paley, Weston, Florida, appellant in person.

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

Before: Mercure, J.P., Crew III, Peters, Spain and, Carpinello, JJ.


MEMORANDUM AND ORDER

Claimant, a sales manager for a branch office of a wholesale travel agency, was discharged from her employment after violating the employer's known rule regarding the processing of complimentary airline tickets. According to the employer, it was the company's policy that any award letters entitling an employee to complimentary airline tickets, including those bearing the employee's name, be sent to company headquarters for processing. Headquarters would then issue the employee the complimentary ticket once the employee's vacation request was approved. Notwithstanding a reminder by the employer regarding the use of airline award letters, claimant continued to process the award letters through the branch office because she previously had done so without repercussions. Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant's violation of a known rule of the employer constituted disqualifying misconduct (see,Matter of Linder [Hartnett], 176 A.D.2d 1165; Matter of Green [Levine], 53 A.D.2d 782).

Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Paley

Appellate Division of the Supreme Court of New York, Third Department
Jun 28, 2001
284 A.D.2d 868 (N.Y. App. Div. 2001)
Case details for

Matter of the Claim of Paley

Case Details

Full title:In the Matter of the Claim of JILL C. PALEY, Appellant. COMMISSIONER OF…

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

Date published: Jun 28, 2001

Citations

284 A.D.2d 868 (N.Y. App. Div. 2001)
727 N.Y.S.2d 527