Appellate Division of the Supreme Court of New York, 1996

In re the Claim of Sinker

Appellate Division of the Supreme Court of New York · Decided April 11, 1996

226 A.D.2d 878; 641 N.Y.S.2d 153; 1996 N.Y. App. Div. LEXIS 3684

Cases that cite this one

2 later published cases cite this decision.

In re the Claim of McAllister (Appellate Division of the Supreme Court of New York 2003)
In re the Claim of Mallard (Appellate Division of the Supreme Court of New York 1997)

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

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 19, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to misconduct.

*879Claimant, chief counsel for a title abstract company, left his position after being convicted of mail fraud. The Board denied his application for unemployment insurance benefits on the ground that he lost his employment through misconduct. Claimant challenges this decision, arguing, inter alia, that his felony conviction was not "in connection with” his employment (Labor Law § 593 [4]) and, therefore, the Board should not have disqualified him from receiving benefits. We disagree. Claimant was convicted of submitting a false insurance claim. Inasmuch as his employer exercised the fiduciary function of holding money during title closings as part of its business, we agree with the Board that claimant’s conviction reflected adversely on his employer’s integrity (see, Matter of Markowitz [New York City Human Resources Admin.—Roberts], 94 AD2d 155). Consequently, we decline to disturb the Board’s decision.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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