Legal Opinion

In re the Claim of Downing

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

Decided May 1, 2008PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 27, 2006, which ruled, among other things, that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Substantial evidence supports the Unemployment Insurance Appeal Board’s decision that claimant, a speech therapist, lost her employment as a result of disqualifying misconduct. The failure to comply with an employer’s established record-keeping policies and procedures can constitute disqualifying misconduct (see Matter of Fulcher…

2Cases cited3 opinions

  1. In re the Claim of AdamsAppellate Division of the Supreme Court of the State of New York · 2004
  2. In re the Claim of FulcherAppellate Division of the Supreme Court of the State of New York · 2006
  3. In re the Claim of OberferstAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by5 opinions

  1. In re the Claim of GarciaAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re the Claim of SantiagoAppellate Division of the Supreme Court of the State of New York · 2010
  3. In re the Claim of WightmanAppellate Division of the Supreme Court of the State of New York · 2011
  4. In re the Claim of LoefflerAppellate Division of the Supreme Court of the State of New York · 2012
  5. In re the Claim of LoefflerAppellate Division of the Supreme Court of the State of New York · 2012

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