In re the Claim of LaRocca

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the decision of the Unemployment insurance Appeal Board reinstated.

Claimant was charged by his employer with falsely reporting mileage traveled during the course of his employment as a motor vehicle operator for the New York City Department of Transportation. An informal conference was held by his employer, after which claimant was found guilty and suspended for 30 days.

Thereupon, claimant applied for unemployment benefits but was determined to be ineligible by the local board on the ground…