IN RE: the Claim of Donnette M. VESSELIZA

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

IN RE: the Claim of Donnette M. VESSELIZA, Appellant. Commissioner of Labor, Respondent.

Decided: October 27, 2005

Before:  CARDONA, P.J., MERCURE, CARPINELLO, MUGGLIN and LAHTINEN, JJ. Donnette M. Vesseliza, Valley Stream, appellant pro se. Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 28, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as a school bus driver for five years until she was fired for leaving the bus running with 10 students and a teacher on board in order to use the restroom.   The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.   The record establishes that claimant was aware of the employer's policy, which was in accordance with the Vehicle and Traffic Law, that drivers are not to leave the bus unattended with the keys in it while there are people on the bus.   Notwithstanding claimant's excuse for her conduct, we find no reason to disturb the Board's decision inasmuch as claimant's knowing violation of the employer's policy was potentially detrimental to the employer's best interests (see Matter of Parody [Commissioner of Labor], 7 A.D.3d 868, 869, 776 N.Y.S.2d 141 [2004];  see also Matter of Gallagher [Commissioner of Labor], 13 A.D.3d 702, 785 N.Y.S.2d 593 [2004];  Matter of Guibert [Commissioner of Labor], 254 A.D.2d 661, 662, 679 N.Y.S.2d 452 [1998] ).   Claimant's remaining contentions have been reviewed and found to be without merit.

ORDERED that the decision is affirmed, without costs.

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