In the Matter of the Claim of BUFFALOE v. COMMISSIONER OF LABOR

Decided and Entered: November 6, 2003
93848
In the Matter of the Claim of DAPHNE BUFFALOE,
Appellant.
COMMISSIONER OF LABOR,
Respondent.
________________________________
Calendar Date: September 24, 2003
Before: Cardona, P.J., Mercure, Carpine.....

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: November 6, 2003 93848 In the Matter of the Claim of DAPHNE BUFFALOE, Appellant. COMMISSIONER OF LABOR, Respondent. ________________________________ Calendar Date: September 24, 2003 Before: Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ. __________ Daphne Buffaloe, New York City, appellant pro se. Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent. __________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 26, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant was employed as a financial consultant and provided with a company credit card to cover business-related expenses only. In October 2001, claimant was placed on a final warning for violating the employer’s travel and business expenses policy after she failed to keep current on the credit card payment. Claimant was discharged in March 2002 after the employer discovered that she used the company credit card to rent a car for personal reasons because she had no personal credit available. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant lost her employment due to disqualifying misconduct. Although claimant explained that she needed the car to admit her mother to a hospital, she nevertheless knew that by using the company credit card she was jeopardizing her employment by violating the standards expected by the employer in a manner which was potentially detrimental to the employer’s interest. Under these circumstances, we find no reason to disturb the Board’s decision (see Matter of Rose [Commissioner of Labor], 282 AD2d 857 [2001]; Matter of Attie [Roberts], 134 AD2d 751 [1987]). Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ., concur. ORDERED that the decision is affirmed, without costs. ENTER: Michael J. Novack Clerk of the Court

In the Matter of the Claim of BUFFALOE v. COMMISSIONER OF LABOR

Decided and Entered: November 6, 2003 93848 In the Matter of the Claim of DAPHNE BUFFALOE, Appellant. COMMISSIONER OF LABOR, Respondent. ________________________________ Calendar Date: September 24, 2003 Before: Cardona, P.J., Mercure, Carpine.....

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal

Decided and Entered: November 6, 2003
93848
In the Matter of the Claim of DAPHNE BUFFALOE,
Appellant.
COMMISSIONER OF LABOR,
Respondent.
________________________________
Calendar Date: September 24, 2003
Before: Cardona, P.J., Mercure, Carpine.....