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IN THE MATTER OF BARCENE

6 A.D.3d 855 (2004)

774 N.Y.S.2d 439

In the Matter of the Claim of GERALDO J. BARCENE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

April 8, 2004.

It is well settled that a knowing violation of an employer's established policies can constitute disqualifying misconduct (see Matter of Graham [Commissioner of Labor], 305 A.D.2d 922 [2003]). In the instant matter, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant accessed nonwork-related Web sites, including dating services and pornographic Web sites, and that he was aware that...

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