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Matter of Wright

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 959 (N.Y. App. Div. 1998)

Opinion

September 17, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was terminated from his data entry position for a health care service organization for falsifying his time records in violation of the employer's policy. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. Claimant seeks reversal of the decision on grounds that he was terminated in retaliation for the exercise of his religious beliefs and that the Administrative Law Judge committed various procedural errors that violated his due process rights. Because claimant failed to raise these contentions at the administrative level, however, we decline to address them here ( see, Matter of Varrecchia [Wade Rusco, Inc. — Sweeney], 234 A.D.2d 826). In any event, our review of the record reveals substantial evidence to support the Board's determination that claimant committed disqualifying misconduct by falsifying his time records ( see, Matter of Hendrickson [Commissioner of Labor], 250 A.D.2d 909; Matter of Canter [Sweeney], 228 A.D.2d 842).

Cardona, P.J., Mikoll, Yesawich Jr., Carpinello and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Wright

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 959 (N.Y. App. Div. 1998)
Case details for

Matter of Wright

Case Details

Full title:In the Matter of the Claim of CALVIN G. WRIGHT, Appellant. UNITED…

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

Date published: Sep 17, 1998

Citations

253 A.D.2d 959 (N.Y. App. Div. 1998)
678 N.Y.S.2d 407

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