In re the Claim of Ferri
Cases that cite this one
2 later published cases cite this decision.
- In re the Claim of Harris (Appellate Division of the Supreme Court of New York 2014)
- In re the Claim of Harris (Appellate Division of the Supreme Court of New York 2014)
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 October 20, 2006, which ruled that claimant
Claimant, a bus driver, worked for the employer for three years until November 2005, when he was fired for offering to drive a student to school in his personal vehicle. The Unemployment Insurance Appeal Board denied claimant’s ensuing application for unemployment insurance benefits on the ground that his employment had been terminated for misconduct. Claimant now appeals.
We affirm. The record establishes that claimant was aware of the employer’s policy that only school buses could be used to transport students to and from school. Despite that, claimant conceded that he offered to drive a student to school in his own vehicle. Inasmuch as “claimant’s knowing violation of the employer’s policy was potentially detrimental to the employer’s best interests,” we conclude that substantial evidence supports the Board’s decision (Matter of Vesseliza [Commissioner of Labor], 22 AD3d 1011, 1012 [2005]). Claimant’s remaining contentions, to the extent not specifically addressed herein, have been examined and found to be unavailing.
Mercure, J.P., Peters, Carpinello, Mugglin and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.