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Matter of Volat

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 630 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 13, 1995, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a postal carrier for over 20 years, was terminated for unauthorized use of overtime, failure to follow his employer's instructions and delay of mail. In light of the fact that claimant admitted to failing to obtain proper authorization for overtime despite previous warnings, we find that the Unemployment Insurance Appeal Board's decision is supported by substantial evidence ( see, Matter of Felton [Hudacs], 201 A.D.2d 821 ). Additionally, we find that claimant's failure to comply with his employer's reasonable rules to call in when he was delayed on his deliveries further supports the Board's finding of misconduct ( see, id.).

Cardona, P.J., Mikoll, Mercure, Crew III and White, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Volat

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 630 (N.Y. App. Div. 1997)
Case details for

Matter of Volat

Case Details

Full title:In the Matter of the Claim of ALAN C. VOLAT, Appellant. JOHN E. SWEENEY…

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

Date published: Apr 3, 1997

Citations

238 A.D.2d 630 (N.Y. App. Div. 1997)
655 N.Y.S.2d 694

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