In re the Claim of Padilla
Cases that cite this one
42 later published cases cite this decision. The 25 that cite it most often are listed here.
- In re the Claim of Jadwick (Appellate Division of the Supreme Court of New York 2011)
- In re the Claim of Peterson (Appellate Division of the Supreme Court of New York 2006)
- In re the Claim of Thompson (Appellate Division of the Supreme Court of New York 2000)
- In re the Claim of Cortada (Appellate Division of the Supreme Court of New York 2000)
- In re the Claim of Smith (Appellate Division of the Supreme Court of New York 2000)
- In re the Claim of Elewa (Appellate Division of the Supreme Court of New York 1998)
- In re the Claim of Hassane (Appellate Division of the Supreme Court of New York 1997)
- In re the Claim of Schiffke (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Valycheva (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Palko (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Mayrant (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Acevedo (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Stennett (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Rohnke (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Kessler (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Hall (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Tietze (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Dorn (Appellate Division of the Supreme Court of New York 1993)
- In re Luff (Appellate Division of the Supreme Court of New York 1993)
- Inr re the Claim of Randazzese (Appellate Division of the Supreme Court of New York 1993)
- In re the Claim of Lazala (Appellate Division of the Supreme Court of New York 1992)
- In re the Claim of Tallarico (Appellate Division of the Supreme Court of New York 1992)
- In re the Claim of Gonzalez (Appellate Division of the Supreme Court of New York 1992)
- In re the Claim of Warnock (Appellate Division of the Supreme Court of New York 1992)
- In re the Claim of Tedesco (Appellate Division of the Supreme Court of New York 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Weiss, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 6, 1984, which ruled that claimant was entitled to receive benefits.
Claimant was employed as an executive housekeeper in the employer’s nursing home for approximately three years until May 20, 1983, when he was terminated for ostensibly submitting false bids for the purchase of certain industrial vacuum cleaners. The issue here is whether this incident constitutes misconduct. All parties agree that the employer required three competitive bids for any capital expenditure. Two purchase orders, dated April 18, 1983 and May 11, 1983, respectively, were purportedly submitted by claimant to the employer’s executive director for final approval, listing prices from three particular companies. Accepting the employer’s contention that claimant falsified two of the bids, the administrative law judge (ALJ) concluded that claimant was terminated under disqualifying conditions, i.e., for misconduct. The Unemployment Insurance Appeal Board reversed this determination, finding that the purchase orders "unintentionally omitted some of the names of the brands of the vacuum cleaners proposed”, thus explaining the overpricing discrepancy in both purchase orders.
Misconduct presents a factual issue for resolution by the Board, whose decision will not be disturbed if supported by substantial evidence. Here, the record is replete with conflicting testimony as to whether, in fact, claimant procured three competitive bids as required, or simply falsified two of the bids. Moreover, claimant’s contention that he did not submit the first purchase order to the executive director and never even saw the second purchase order is refuted by the employer’s witnesses. Nonetheless, credibility issues and the inferences to be drawn from the evidence are within the exclusive province of the Board (Matter of Di Maria [Ross], 52 NY2d 771, 772). This holds true, notwithstanding the fact that the
Decision affirmed, without costs. Casey, J. P., Weiss, Yesawich, Jr., Levine and Harvey, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.