In re the Claim of Garcia
Cases that cite this one
2 later published cases cite this decision.
- In re the Claim of Rosa (Appellate Division of the Supreme Court of New York 2007)
- In re the Claim of Jung-Szayer (Appellate Division of the Supreme Court of New York 2005)
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 June 10, 2004, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant worked as a building superintendent for a company that manages government housing. He submitted receipts to his employer for reimbursement for materials he claimed to have purchased from a hardware store. When the employer discovered that those receipts had been fabricated, claimant was terminated. He filed a claim for unemployment insurance benefits and, following a hearing, an Administrative Law Judge disqualified him from receiving benefits on the ground that he lost his employment through misconduct. The Unemployment Insurance Appeal Board upheld this decision and, upon reconsideration, adhered to its decision. Claimant now appeals.
We affirm. It is well settled that the submission of false or altered documentation to an employer may constitute disqualifying misconduct (see Matter of Little [Commissioner of Labor], 3 AD3d 829 [2004]; Matter of Gonyou [Commissioner of Labor], 297 AD2d 848, 849 [2002]). Here, both the owner of the hardware store and his employee testified that the materials allegedly purchased by claimant did not come from the store. The employee stated that she made up the receipts to help claimant
Cardona, P.J., Crew III, Carpinello, Mugglin and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.