MATTER OF NOVAK


52 A.D.3d 1144 (2008)

862 N.Y.S.2d 136

In the Matter of the Claim of ELIZABETH A. NOVAK, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 26, 2008.


Substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant, a social worker, was discharged from her employment due to disqualifying misconduct—namely, falsifying her time sheet. Claimant's time sheet for April 9, 2007 indicates that claimant was performing indirect patient services between 3:35 P.M. and 4:35 P.M. During that time period, however, the employer's chief executive officer saw

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