In re the Claim of Caplan
Cases that cite this one
4 later published cases cite this decision.
- In re the Claim of Pabon (Appellate Division of the Supreme Court of New York 2000)
- In re the Claim of Walli (Appellate Division of the Supreme Court of New York 2000)
- In re the Claim of Napolitano (Appellate Division of the Supreme Court of New York 1999)
- In re the Claim of Fourby (Appellate Division of the Supreme Court of New York 1998)
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 November 30, 1995, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment for distributing confidential information without authorization. In November 1995, the Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits upon the basis of misconduct and charged him with a recoverable overpayment.
Attached to claimant’s brief is a settlement agreement, dated June 21, 1996, wherein claimant’s former employer agreed, inter alia, to withdraw all allegations of misconduct and refrain from contesting claimant’s entitlement to unemployment benefits. Claimant contends that in light of this settlement agreement, the Board’s decision should be vacated. The settlement agreement "does not 'preclude the Board from examining the factual basis for claimant’s discharge’ ” (Matter of Landau [Hudacs], 187 AD2d 841, 842, quoting Matter of Bernet [Hartnett], 165 AD2d 957, 959; see, Matter of Briem [Ross], 71
Mercure, J. P., Crew III, White, Casey and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.