In re the Claim of Marcus
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 18, 2008, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Inasmuch as an employee’s falsification of documents and/or business records has been held to constitute disqualifying misconduct, substantial evidence supports the Unemployment Insurance Appeal Board’s finding that claimant, a restaurant manager, was discharged from his employment due to misconduct (see Matter of McFarlane [Commissioner of Labor], 51 AD3d 1317, 1318 [2008], lv denied 11 NY3d 710 [2008]; Matter of Rosa [Commissioner of Labor], 45 AD3d 952, 952 [2007]). The record reflects that claimant was discharged for, among other things, forging the initials of a colleague on a money deposit slip so as to indicate the colleague’s review of, and implicit agree
Mercure, J.E, Rose, Lahtinen, Malone Jr. and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.