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Matter of Hendrickson

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1998
250 A.D.2d 909 (N.Y. App. Div. 1998)

Opinion

May 7, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from his position as a security guard for leaving work prior to the completion of his shift and falsifying the time of his departure in the log book. The Unemployment Insurance Appeal Board ruled that claimant lost his job under disqualifying circumstances and also determined that claimants future benefits would be reduced because he had made a willful false statement to obtain benefits. In our view, the record contains substantial evidence to support this decision. An employees unauthorized departure from work constitutes misconduct ( see generally, Matter of Shelton [Hudacs], 180 A.D.2d 997), as does falsification of time records ( see, Matter of Canter [Sweeney], 228 A.D.2d 842). Although claimant denied the employers allegations, this merely raised a credibility issue for the Board to resolve ( see, Matter of Naraine [Sweeney], 245 A.D.2d 932, 933).

Cardona, P. J., Mikoll, Crew III, White, and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Hendrickson

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1998
250 A.D.2d 909 (N.Y. App. Div. 1998)
Case details for

Matter of Hendrickson

Case Details

Full title:In the Matter of the Claim of HAROLD HENDRICKSON, Appellant. COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 7, 1998

Citations

250 A.D.2d 909 (N.Y. App. Div. 1998)
672 N.Y.S.2d 530