Legal Opinion

In re the Claim of Rodriguez

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

Decided April 15, 2004Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 7, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was discharged from his employment as a porter due to disqualifying misconduct. The record establishes that claimant took an unauthorized break despite being on final warning regarding such conduct. It is well settled that failure to adhere to one’s…

2Cases cited6 opinions

  1. In re the Claim of EcklerAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Claim of EllisAppellate Division of the Supreme Court of the State of New York · 1999
  3. In re the Claim of FosterAppellate Division of the Supreme Court of the State of New York · 1997
  4. In re the Claim of GreenbergAppellate Division of the Supreme Court of the State of New York · 2001
  5. In re the Claim of ReichertAppellate Division of the Supreme Court of the State of New York · 1998

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