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Matter of Mallard

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 932 (N.Y. App. Div. 1997)

Opinion

December 24, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was a cashier for the employer who provided food service to a major stock brokerage firm. On the day in question, claimant's sales receipts indicated a shortage which she attributed to a sale she had made to an employee of the brokerage firm who she claimed had authorized that the purchase be charged to his charge account with the employer. When the employer learned that this employee had not authorized any charge to his account, claimant was terminated for misappropriation of company assets. Conduct which reflects adversely on an employer's integrity ( see generally, Matter of Sinker [Sweeney], 226 A.D.2d 878, affd 89 N.Y.2d 485) or is potentially detrimental to an employer's interests ( see, Matter of Zizzo [Hartnett], 176 A.D.2d 418) has been held to constitute disqualifying misconduct. Inasmuch as substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant lost her job due to disqualifying misconduct, we affirm.

Mikoll, J. P., Mercure, White, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Mallard

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 932 (N.Y. App. Div. 1997)
Case details for

Matter of Mallard

Case Details

Full title:In the Matter of the Claim of STACY E. MALLARD, Appellant. JOHN E…

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

Date published: Dec 24, 1997

Citations

245 A.D.2d 932 (N.Y. App. Div. 1997)
666 N.Y.S.2d 858

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