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Matter of the Claim of Rizzo

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 2003
307 A.D.2d 573 (N.Y. App. Div. 2003)

Opinion

93386

Decided and Entered: July 17, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 4, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Mia Rizzo, West Hempstead, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

Before: Cardona, P.J., Crew III, Carpinello, Mugglin and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant was terminated from her employment as a cashier at a drug store after she violated the employer's written policies against processing the sales transaction of a family member (her mother) and giving an employee discount to a family member other than a spouse or dependents. The Unemployment Insurance Appeal Board ruled that claimant was properly denied unemployment insurance benefits on the ground that she had lost her employment due to disqualifying misconduct. Claimant appeals.

Violation of an employer's reasonable policies may constitute disqualifying misconduct (see Matter of Letcher [Wal-Mart Stores — Commissioner of Labor], 272 A.D.2d 710), especially in cases where, as here, the violation is potentially detrimental to the employer's interests (see Matter of Hawkins [Commissioner of Labor], 254 A.D.2d 558, 559). As claimant was aware of the employer's policies and does not contest her violation of them, substantial evidence supports the Board's decision finding claimant guilty of disqualifying misconduct (see Matter of Block [Commissioner of Labor], 249 A.D.2d 870).

Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Rizzo

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 2003
307 A.D.2d 573 (N.Y. App. Div. 2003)
Case details for

Matter of the Claim of Rizzo

Case Details

Full title:In the Matter of the Claim of MIA RIZZO, Appellant. COMMISSIONER OF LABOR…

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

Date published: Jul 17, 2003

Citations

307 A.D.2d 573 (N.Y. App. Div. 2003)
762 N.Y.S.2d 306