MATTER OF DOWNING


51 A.D.3d 1093 (2008)

858 N.Y.S.2d 403

In the Matter of the Claim of ANGELA R. DOWNING, Appellant. BUFFALO HEARING AND SPEECH CENTER, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided May 1, 2008.


Substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant, a speech therapist, lost her employment as a result of disqualifying misconduct. The failure to comply with an employer's established record-keeping policies and procedures can constitute disqualifying misconduct (see Matter of Fulcher [Commissioner of Labor], 32 A.D.3d 1064, 1064 [2006]; Matter of Adams [Commissioner of Labor],

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