In re the Claim of Barresi
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 13, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
We are unpersuaded by claimant’s contention that the Unemployment Insurance Appeal Board failed to comply with this Court’s previous decision remitting the matter for the Board to undertake an independent assessment of whether claimant, a Deputy Sheriff Sergeant, was entitled to unemployment insurance benefits after being discharged for carelessly safekeeping his personally owned firearm (see, Matter of Barresi [Sweeney], 232 AD2d 714). Upon reconsideration of the facts after remittal, the Board, bound by the factual findings of a Civil Service Law § 75 hearing, concluded that claimant’s conduct was contrary to the employer’s interests and that he was disqualified from receiving benefits. The Board therefore drew its own conclusions as to whether claimant’s behavior
Cardona, P. J., Mikoll, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.