In re the Claim of Jones, 285 A.D.2d 801 (N.Y. App. Div. 3d Dep't 2001). · Go Syfert
In re the Claim of Jones, 285 A.D.2d 801 (N.Y. App. Div. 3d Dep't 2001). Cases Citing This Book View Copy Cite
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  • In re the Claim of Harris, 114 A.D.3d 973 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Matter of Ferri [Wynantskill Union Free School Dist. —Commissioner of Labor], 45 AD3d 1101, 1102 [2007]; Matter of Jones [Commissioner of Labor], 285 AD2d 801, 801 [2001]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Christopher P. Jones, Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Jul 12, 2001.
Published opinion
285 A.D.2d 801
2001 N.Y. App. Div. LEXIS 7409

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 31, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to' misconduct.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board which ruled that claimant was discharged from his employment as a truck driver due to disqualifying misconduct. Despite being aware of the employer’s rule that driving on the Thruway was prohibited under any circumstances, claimant admitted violating this policy in order to deliver a late shipment on time. Knowingly violating an employer’s established policies and procedures has been held to constitute disqualifying misconduct (see, e.g., Matter of Ahmend [Commissioner of Labor], 254 AD2d 561; Matter of Egelberg [Sweeney], 244 AD2d 684). Accordingly, we find no reason to disturb the Board’s decision, notwithstanding claimant’s exculpatory explanation for the rule violation.

Cardona, P. J., Crew III, Spain, Carpinello and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.