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MATTER OF COLE

2 A.D.3d 1242 (2003)

770 N.Y.S.2d 450

In the Matter of the Claim of ONI B. COLE, Appellant. CORNELL COOPERATIVE EXTENSION OF ERIE COUNTY, Respondent; COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 31, 2003.

Claimant was discharged from his employment as a nutrition educator after it was discovered that he falsely indicated on his time card that he taught a class on the evening of February 6, 2002. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to disqualifying misconduct, prompting this appeal.

The record establishes that claimant complied with the

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