Opinion
2013-05-16
In the Matter of the Claim of Michael A. ENGEL, Appellant. Commissioner of Labor, Respondent.
George S. Mehallow, Syracuse, for appellant. Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.
George S. Mehallow, Syracuse, for appellant. Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 3, 2012, which ruled, among other things, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
The facts of this case are more fully set out in our decision affirming a determination of the Unemployment Insurance Appeal Board that disqualified claimant from receiving unemployment insurance benefits due to his commission of a felony in connection with his employment (Matter of Engel [Commissioner of Labor], 106 A.D.3d 1318, 965 N.Y.S.2d 241 [appeal No. 515513, decided herewith] ). Substantial evidence supports the Board's separate decision that claimant's behavior constituted disqualifying misconduct within the meaning of Labor Law § 593(3) and that wages he received as a result of such employment cannot be used as the basis for a valid claim for benefits ( seeLabor Law § 527; Matter of Sinker [Sweeney], 89 N.Y.2d 485, 488, 655 N.Y.S.2d 842, 678 N.E.2d 454 [1997];Matter of Vetro [Commissioner of Labor], 94 A.D.3d 1321, 1321, 942 N.Y.S.2d 291 [2012] ).
ORDERED that the decision is affirmed, without costs.