In re the Claim of Bastian
Cases that cite this one
6 later published cases cite this decision.
- Matter of Zdunski (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Bakir (Commr. of Labor) (Appellate Division of the Supreme Court of New York 2015)
- In re the Claim of Cheeseboro (Appellate Division of the Supreme Court of New York 2011)
- In re the Claim of Cedrone (Appellate Division of the Supreme Court of New York 2010)
- In re the Claim of Pagan (Appellate Division of the Supreme Court of New York 2008)
- In re the Claim of Kaplan (Appellate Division of the Supreme Court of New York 2006)
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 18, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant worked as a sales clerk at a convenience store from
We affirm. It is well settled that an employee’s failure to comply with an employer’s reasonable rules and procedures and acting in a manner which adversely affects the employer’s interest may constitute disqualifying misconduct (see Matter of Adorno [Commissioner of Labor], 12 AD3d 828 [2004]; Matter of Rizzo [Commissioner of Labor], 307 AD2d 573 [2003]). In the case at hand, claimant stated that she did not ask for identification from the employee even though she knew he was under the age of 30, but entered his birth date into the cash register— based upon his verbal representation of his birth date—because she wanted it to count toward her quota. Inasmuch as this was in clear violation of the employer’s known policy and such conduct was potentially detrimental to the employer’s interest, substantial evidence supports the Board’s finding of misconduct.
Cardona, P.J., Crew III, Peters, Spain and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.