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Matter of the Claim of Richardson

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 1004 (N.Y. App. Div. 2003)

Opinion

92245

January 30, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 10, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Joan Richardson, Rochester, appellant pro se.

A. Terry Van Houten, Eastman Kodak Company, Rochester, for Eastman Kodak Company, respondent.

Eliot Spitzer, Attorney General, New York City (Dawn A. Foshee of counsel), for Commissioner of Labor, respondent.

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


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was discharged from her employment as a financial planner and analyst due to disqualifying misconduct after it was discovered that she falsified her time sheet by indicating that she worked 40-hour weeks. It is well settled that inaccurately documented time records can constitute disqualifying misconduct (see Matter of Du Bois [Commissioner of Labor], 282 A.D.2d 858;Matter of Trahan [Commissioner of Labor], 273 A.D.2d 664). Claimant's exculpatory explanations for admittedly failing to appropriately record her time and leaving without approval created a credibility issue for the Board to resolve (see id.).

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

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Richardson

Appellate Division of the Supreme Court of New York, Third Department
Jan 30, 2003
301 A.D.2d 1004 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Richardson

Case Details

Full title:In the Matter of the Claim of JOAN RICHARDSON, Appellant. EASTMAN KODAK…

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

Date published: Jan 30, 2003

Citations

301 A.D.2d 1004 (N.Y. App. Div. 2003)
753 N.Y.S.2d 409