Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: the Claim of Juan A. CUELLO, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 30, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant, a customer service representative for a bank, lost his employment due to misconduct. Pursuant to an investigation, it was discovered that claimant had incorrectly completed consulate letters to be forwarded to the Federal government for immigration purposes and also, without following banking procedures, had approved a $45,000 wire transfer, later discovered to be fraudulent, resulting in a substantial loss to the employer. Under these circumstances, we find no reason to disturb the Board's decision that claimant's conduct, which disregarded the employer's best interest, rose to the level of disqualifying misconduct (see, Matter of Hartman [Roslyn Sav. Bank-Commissioner of Labor], 257 A.D.2d 878, 684 N.Y.S.2d 42; Matter of Vinci [Commissioner of Labor], 253 A.D.2d 994, 678 N.Y.S.2d 412; cf., Matter of Donlin [Ross], 63 A.D.2d 1113, 406 N.Y.S.2d 393).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: December 02, 1999
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)