Matter of Screen (A & K Automotive)
Docket CV-25-1443
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Other
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02495
- Docket
- CV-25-1443
Appeal from a decision of the Unemployment Insurance Appeal Board affirming disqualification from benefits for termination due to misconduct.
Summary
The Appellate Division, Third Department affirmed the Unemployment Insurance Appeal Board's decision disqualifying Peirce Screen from receiving unemployment benefits because his employment was terminated for misconduct. The appeal was brought by Screen (pro se) against his former employer A & K Automotive and the Commissioner of Labor. The court issued a short order affirming the Board's ruling without opinion or costs, leaving the Board's finding of misconduct and resulting disqualification in place.
Issue Decided
- Whether the claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated for misconduct.
Court's Reasoning
The appellate court affirmed the Board's determination that the claimant's termination constituted misconduct warranting disqualification. The decision is a summary affirmance without a written opinion, indicating the court found no reversible error in the Board's findings or application of law. Because no opinion was issued, the precise factual or legal distinctions relied on by the court were not elaborated.
Parties
- Appellant
- Peirce Screen
- Respondent
- A & K Automotive
- Respondent
- Commissioner of Labor
- Judge
- Garry, P.J.
- Judge
- Clark, J.
- Judge
- Pritzker, J.
- Judge
- Fisher, J.
- Judge
- Mackey, J.
Key Dates
- Decision entered
- 2026-04-23
- Appeal calendar date
- 2026-03-20
- Board decision filed
- 2025-08-06
What You Should Do Next
- 1
Consider petitioning for leave to appeal
If the claimant wishes to continue, he should consult counsel about seeking permission to appeal to the New York Court of Appeals and review applicable deadlines and grounds for leave.
- 2
Request guidance from counsel
The claimant should consult an attorney or legal aid to evaluate whether there are procedural or substantive bases (such as constitutional claims or legal errors) that might justify further review.
- 3
Comply with disqualification
Until further relief is obtained, the claimant should assume unemployment benefits remain disallowed and plan financially or seek alternative support.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the Unemployment Insurance Appeal Board's ruling that the claimant was disqualified from benefits because his employment was terminated for misconduct.
- Who is affected by this decision?
- Peirce Screen, the claimant, remains disqualified from receiving unemployment insurance benefits; the employer and Commissioner of Labor prevail in the appeal.
- Why didn't the court explain its reasoning?
- The court issued a short-form order affirming the Board without opinion, so it did not provide a written explanation of the legal or factual reasoning.
- Can this decision be appealed further?
- A party could seek leave to appeal to the Court of Appeals, but further review is discretionary and subject to timing and leave requirements.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Matter of Screen (A & K Automotive) - 2026 NY Slip Op 02495 Matter of Screen (A & K Automotive) 2026 NY Slip Op 02495 April 23, 2026 Appellate Division, Third Department In the Matter of the Claim of Peirce Screen, Appellant. A & K Automotive, Respondent. Commissioner of Labor, Respondent. Decided and Entered:April 23, 2026 CV-25-1443 Calendar Date: March 20, 2026 Before: Garry, P.J., Clark, Pritzker, Fisher And Mackey, JJ. Peirce Screen, Horsham, Pennsylvania, appellant pro se. Norris McLaughlin, PA, Bridgewater, New Jersey (Kimberley A. Brunner of counsel), for A & K Automotive, respondent. Letitia James, Attorney General, New York City (Gary Leibowitz of counsel), for Commissioner of Labor, respondent. Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 6, 2025, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Decision affirmed. No opinion. Garry, P.J., Clark, Pritzker, Fisher and Mackey, JJ., concur. ORDERED that the decision is affirmed, without costs.