Legal Opinion
In re the Claim of Andrews
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1991PublishedCited by 5 opinions
1Opinion of the Court
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 1, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
The Unemployment Insurance Appeal Board accepted the testimony of the employer’s night audit manager that she found claimant sleeping on a couch while he was working his midnight to 8:00 a.m. shift as supervisory security officer. Although claimant denied that he had been asleep, this merely raised a question of credibility for the Board to resolve (see,…
2Cases cited4 opinions
- In re the Claim of WoodsAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Claim of RossanoAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Claim of SylvesterAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Claim of CirlinAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by5 opinions
- In re the Claim of CarrAppellate Division of the Supreme Court of the State of New York · 1998
- In re the Claim of DimassimoAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Claim of De MariaAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Claim of BeydounAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Claim of GonzalezAppellate Division of the Supreme Court of the State of New York · 1998