Legal Opinion

In re the Claim of Marcus

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

Decided July 30, 2009Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 18, 2008, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Inasmuch as an employee’s falsification of documents and/or business records has been held to constitute disqualifying misconduct, substantial evidence supports the Unemployment Insurance Appeal Board’s finding that claimant, a restaurant manager, was discharged from his employment due to misconduct (see Matter of McFarlane [Commissioner of Labor], 51 AD3d 1317,…

2Cases cited4 opinions

  1. In re the Claim of AugusteAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Claim of RoeAppellate Division of the Supreme Court of the State of New York · 2009
  3. In re the Claim of McFarlaneAppellate Division of the Supreme Court of the State of New York · 2008
  4. In re the Claim of RosaAppellate Division of the Supreme Court of the State of New York · 2007

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