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In re Claim of Ruland

Supreme Court of New York, Third Department

September 26, 2013

In the Matter of the Claim of EDWARD J. RULAND, Appellant. and COMMISSIONER OF LABOR, Respondent.

Calendar Date: July 29, 2013

Tierney & Tierney, Port Jefferson Station (Stephen A. Ruland of counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Before: Rose, J.P., McCarthy, Spain and Egan Jr., JJ.

MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 12, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a security officer working the night shift in a hospital emergency department, was discharged for sleeping on the job. Despite having been previously notified that such behavior was prohibited and could result in termination, claimant conceded that he dozed off while on duty. Inasmuch as the Unemployment Insurance Appeal Board properly found from this evidence that claimant acted in a manner "detrimental to the employer's interest or in violation of a reasonable work condition" (Matter of De Grego [Levine], 39 N.Y.2d 180, 184 [1976]; accord Matter of Clum [All-Lifts, Inc.-Commissioner of Labor], 51 A.D.3d 1171, 1172 [2008]), substantial evidence supports its determination that he lost his employment through disqualifying misconduct (see Matter of Fairley [Commissioner of Labor], 3 A.D.3d 781, 781 [2004]; Matter of Carr [Commissioner of Labor], 253 A.D.2d 931, 931 [1998]).

Rose, J.P., McCarthy, Spain and Egan Jr., JJ., concur.

ORDERED that the decision is affirmed, without costs.


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