IN RE: the Claim of Asher SUSSWEIN

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Asher SUSSWEIN, Appellant. American Society of Composers, Authors and Publishers, Respondent. Commissioner of Labor, Respondent.

Decided: May 26, 2005

Before:  CARDONA, P.J., PETERS, SPAIN, MUGGLIN and ROSE, JJ. Linda Susswein, New York City, for appellant. Hoguet, Newman & Regal L.L.P., New York City (Laura B. Hoguet of counsel), for American Society of Composers, Authors and Publishers, respondent. Eliot Spitzer, Attorney General, New York City (Gary Leibowitz of counsel), for Commission of Labor, respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 22, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant worked as a tape analyst for the employer, an organization which collects licensing fees for the use of music and distributes royalties to the writers and publishers.   His job required him to compare tape recordings of radio broadcasts with electronic logs to verify the accuracy of the logs, which were, in turn, used to determine the royalties to be paid.   Claimant was terminated from his position after it was discovered that he certified material on the logs as accurate when, in fact, he had not actually listened to the tape recordings to verify that the logs were correct.   He admitted that he had not listened to the tapes because he was concerned about meeting his production quota.   His application for unemployment insurance benefits was ultimately denied by the Unemployment Insurance Appeal Board on the ground that his employment was terminated due to misconduct.   He now appeals.

 We affirm.   An employee's apparent dishonesty (see Matter of Washington [Commissioner of Labor], 304 A.D.2d 896, 896, 757 N.Y.S.2d 366 [2003];  Matter of Gallagher [Commissioner of Labor], 298 A.D.2d 828, 828, 749 N.Y.S.2d 331 [2002] ) or failure to follow the employer's reasonable rules, which have a detrimental effect upon the employer's interest or integrity (see Matter of Ghoulian [Commissioner of Labor], 6 A.D.3d 908, 908, 774 N.Y.S.2d 460 [2004];  Matter of McAllister [Commissioner of Labor], 301 A.D.2d 1012, 754 N.Y.S.2d 455 [2003];  Matter of Guy [Commissioner of Labor], 272 A.D.2d 709, 710, 708 N.Y.S.2d 907 [2000] ), may constitute disqualifying misconduct.   Here, claimant admitted that he falsely certified that the logs were correct when he had not listened to the tapes.   This had a direct bearing on the integrity of the employer's business as it impacted the distribution of royalty moneys.   Although claimant maintained that the employer had previously waived the auditing procedure in certain situations, he conceded that it had not been waived with respect to the tapes in question.   Inasmuch as substantial evidence supports the Board's decision, we decline to disturb it.

ORDERED that the decision is affirmed, without costs.

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