Legal Opinion

In re the Claim of Carr

Appellate Division of the Supreme Court of the State of New York

Decided September 10, 1998PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 12, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a security guard for a building management company after he was found sleeping while working the midnight to 8:00 a.m. shift. Although claimant maintained that it was common practice to sleep, the record indicates that he had been warned on two prior occasions that such conduct was not acceptable. Given claimant’s…

2Cases cited2 opinions

  1. In re the Claim of AndrewsAppellate Division of the Supreme Court of the State of New York · 1991
  2. In re the Claim of DimassimoAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by6 opinions

  1. In re the Claim of CampbellAppellate Division of the Supreme Court of the State of New York · 1999
  2. In re the Claim of HoranAppellate Division of the Supreme Court of the State of New York · 2002
  3. In re the Claim of FairleyAppellate Division of the Supreme Court of the State of New York · 2004
  4. In re the Claim of CampbellAppellate Division of the Supreme Court of the State of New York · 1999
  5. In re the Claim of RulandAppellate Division of the Supreme Court of the State of New York · 2013

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