In re the Claim of Sterling
Cases that cite this one
3 later published cases cite this decision.
- In re the Claim of Gewirtz (Appellate Division of the Supreme Court of New York 2000)
- In re the Claim of Bilka (Appellate Division of the Supreme Court of New York 1999)
- In re the Claim of Bilka (Appellate Division of the Supreme Court of New York 1999)
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 8, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant, a construction worker, performed work for one of the employer’s customers on his own time. When claimant refused to turn over to the employer the payment he had received, he was discharged. The Unemployment Insurance Appeal Board subsequently ruled that claimant had lost his employment due to misconduct. We affirm. A claimant who has acted in a way that is detrimental to his or her employer’s interest may be found guilty of disqualifying misconduct (see generally, Matter of Velazquez [Hudacs], 204 AD2d 928). Substantial evidence supports the Board’s finding that claimant diverted work and the payment received therefor from his employer in contravention of the employer’s financial interest (cf., Matter of Jedrak-Perz [Sweeney], 226 AD2d 858). The ruling that claimant is disqualified from receiving benefits is, accordingly, affirmed.
Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.