IN RE: the Claim of Neil H. CAPLAN (1997)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 30, 1995, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment for distributing confidential information without authorization.   In November 1995, the Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits upon the basis of misconduct and charged him with a recoverable overpayment.

Attached to claimant's brief is a settlement agreement, dated June 21, 1996, wherein claimant's former employer agreed, inter alia, to withdraw all allegations of misconduct and refrain from contesting claimant's entitlement to unemployment benefits.   Claimant contends that in light of this settlement agreement, the Board's decision should be vacated.   The settlement agreement “does not ‘preclude the Board from determining the factual basis for claimant's discharge’ ” (Matter of Landau [Hudacs], 187 A.D.2d 841, 842, 589 N.Y.S.2d 721, quoting Matter of Bernet [Hartnett], 165 A.D.2d 957, 959, 561 N.Y.S.2d 847;  see, Matter of Briem [Ross], 71 A.D.2d 752, 419 N.Y.S.2d 241, affd. 52 N.Y.2d 842, 437 N.Y.S.2d 77, 418 N.E.2d 670).   We therefore conclude that the Board's decision should not be disturbed.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.