In re the Claim of Ambrosio

Appellate Division of the Supreme Court of New York

In re the Claim of Ambrosio

199 A.D.2d 807, 608 N.Y.S.2d 120, 1993 N.Y. App. Div. LEXIS 12215

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1993·Published·Cited by 2 cases

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 14, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the Board’s determination that claimant was discharged for misconduct because he threatened a co-worker. While claimant’s version of this event differed from the testimony of his employer’s witnesses, it was for the Board to resolve all credibility issues.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Cardona, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 14, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the Board’s determination that claimant was discharged for misconduct because he threatened a co-worker. While claimant’s version of this event differed from the testimony of his employer’s witnesses, it was for the Board to resolve all credibility issues.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Cardona, JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Ambrosio, 199 A.D.2d 807, 608 N.Y.S.2d 120, 1993 N.Y. App. Div. LEXIS 12215 (N.Y. Ct. App. 1993).

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