Cincu had worked as a doorman and concierge in a residential co-op building for almost two decades. During his final year of service, a resident entrusted Cincu with an envelope containing a holiday card and cash intended for a housekeeper. An investigation ensued when the envelope mysteriously vanished and Cincu was discharged when a surveillance tape showed him opening the envelope.
The Unemployment Insurance Appeal Board (Board) was not sympathetic to Cincu's request for unemployment benefits and denied his claim because he had been fired for "misconduct."
On appeal, the Appellate Division, Third Department, was equally unmoved, as there had been substantial evidence supporting the Board's decision and "an employee's apparent dishonesty can constitute disqualifying misconduct."
In the end, temptation delivered Cincu from a job and unemployment benefits.
For a copy of the Appellate Division's decision, please use this link: Cincu v. Commissioner of Labor