In re the Claim of Petrosov
Cases that cite this one
11 later published cases cite this decision.
- In re the Claim of King (Appellate Division of the Supreme Court of New York 2013)
- In re the Claim of King (Appellate Division of the Supreme Court of New York 2013)
- In re the Claim of Schaffer (Appellate Division of the Supreme Court of New York 2008)
- In re the Claim of Tobin (Appellate Division of the Supreme Court of New York 2005)
- In re the Claim of Smith (Appellate Division of the Supreme Court of New York 2005)
- In re the Claim of Daoust (Appellate Division of the Supreme Court of New York 2004)
- In re the Claim of Olmstead (Appellate Division of the Supreme Court of New York 2004)
- In re the Claim of Burgees (Appellate Division of the Supreme Court of New York 2003)
- In re the Claim of Morgan (Appellate Division of the Supreme Court of New York 2002)
- In re the Claim of Alvarez (Appellate Division of the Supreme Court of New York 2002)
- In re the Claim of McCarthy (Appellate Division of the Supreme Court of New York 2002)
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 December 8, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant was discharged from her employment as a cashier
We affirm. Notwithstanding claimant’s assertion that the Board’s decision should be reversed inasmuch as the employer subsequently withdrew his objection to her eligibility to receive benefits, we find that substantial evidence supports the Board’s finding that claimant engaged in disqualifying misconduct. It is well settled that “[a]n employee’s apparent dishonesty or failure to comply with the employer’s established policies and procedures can constitute disqualifying misconduct” (Matter of Huggins [Samaritan Med. Ctr. — Commissioner of Labor], 257 AD2d 877, 878; see, Matter of Williams [Commissioner of Labor], 262 AD2d 903, 905). To the extent that claimant’s version of the events surrounding her termination differed from that of the employer, this conflict presented a credibility issue for the Board to resolve (see, Matter of Derian [Sweeney], 239 AD2d 722, 723).
Her cure, J. P., Peters, Spain, Carpinello and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.