Legal Opinion

Matter of Smith (Commr. of Labor)

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

Decided April 21, 2016No. 521824PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 6, 2015, 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 Unemploy ment Insurance Appeal Board finding that claimant, a technical support representative, was discharged from his employment due to disqualifying misconduct. “It is well settled that failure to abide by a known policy of the employer can constitute disqualifying misconduct” (Matter of Wise [Commissioner of…

2Cases cited4 opinions

  1. In re the Claim of WiseAppellate Division of the Supreme Court of the State of New York · 2005
  2. Claim of Scott v. Manzi Taxi & Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1992
  3. In re BrauneisenAppellate Division of the Supreme Court of the State of New York · 2010
  4. Local 54 United Paperworkers International UnionAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by3 opinions

  1. Matter of Pierre (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Oberman (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2016
  3. In re the Claim of PierreAppellate Division of the Supreme Court of the State of New York · 2016

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