In re Colindres

Appellate Division of the Supreme Court of New York

In re Colindres

91 A.D.3d 991, 935 N.Y.2d 911

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 2012

StatusPublished

Cited by7 cases

This text of 91 A.D.3d 991 (In re Colindres) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Colindres, 91 A.D.3d 991, 935 N.Y.2d 911 (N.Y. Ct. App. 2012).

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Opinion

[992]*992We affirm. Hostile and/or threatening behavior directed at a supervisor has been found to be misconduct disqualifying a claimant from receiving unemployment insurance benefits (see Matter of Gigi [Commissioner of Labor], 37 AD3d 894, 894-895 [2007]; Matter of Terry [Commissioner of Labor], 23 AD3d 727, 728 [2005]). Here, more than one of the employer’s witnesses testified that claimant threatened the supervisor with physical harm during the altercation. While claimant denied this, his testimony presented a credibility issue for the Board to resolve (see Matter of Messado [City of New York — Commissioner of Labor], 76 AD3d 740, 741 [2010]; Matter of Ponce [Commissioner of Labor], 75 AJD3d 1041, 1042 [2010]). Accordingly, we find no reason to disturb the Board’s decision.

Mercure, A.EJ., Lahtinen, Spain, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.

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[992]*992We affirm. Hostile and/or threatening behavior directed at a supervisor has been found to be misconduct disqualifying a claimant from receiving unemployment insurance benefits (see Matter of Gigi [Commissioner of Labor], 37 AD3d 894, 894-895 [2007]; Matter of Terry [Commissioner of Labor], 23 AD3d 727, 728 [2005]). Here, more than one of the employer’s witnesses testified that claimant threatened the supervisor with physical harm during the altercation. While claimant denied this, his testimony presented a credibility issue for the Board to resolve (see Matter of Messado [City of New York — Commissioner of Labor], 76 AD3d 740, 741 [2010]; Matter of Ponce [Commissioner of Labor], 75 AJD3d 1041, 1042 [2010]). Accordingly, we find no reason to disturb the Board’s decision.

Mercure, A.EJ., Lahtinen, Spain, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

91 A.D.3d 991, 935 N.Y.2d 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-colindres-nyappdiv-2012.

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