Legal Opinion

In re the Claim of Acosta

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

Decided December 3, 1998Published

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 10, 1997, which ruled that claimants were disqualified from receiving unemployment insurance *680benefits because their employment was terminated due to misconduct.

Claimants were employed as banquet waiters for the employer for several years. Suspecting that the employer was illegally calculating and withholding commissions and tips, claimants initiated a lawsuit against the employer. Thereafter, it was discovered that claimants’ attorney was in possession of numerous documents which had been wrongfully obtained…

2Cases cited3 opinions

  1. In re the Claim of GuimaralesNew York Court of Appeals · 1986
  2. In re the Claim of EdieAppellate Division of the Supreme Court of the State of New York · 1998
  3. In re the Claim of TimmonsAppellate Division of the Supreme Court of the State of New York · 1993

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