In re the Claim of Cochran

Appellate Division of the Supreme Court of New York

In re the Claim of Cochran

172 A.D.2d 943, 568 N.Y.S.2d 700, 1991 N.Y. App. Div. LEXIS 4564

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

DecidedApril 11, 1991

StatusPublished

This text of 172 A.D.2d 943 (In re the Claim of Cochran) 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 the Claim of Cochran, 172 A.D.2d 943, 568 N.Y.S.2d 700, 1991 N.Y. App. Div. LEXIS 4564 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 1, 1990, which ruled that claimant was entitled to receive unemployment insurance benefits.

The Unemployment Insurance Appeal Board reversed the Administrative Law Judge, who had found that certain comments made by claimant to his supervisor amounted to insubordination and constituted misconduct. The differing versions of the confrontation created only questions of fact for the Board to resolve (see, Matter of Brewer [Levine], 53 AD2d 751). The Board found that claimant’s statements were mistakenly construed as a threat and that claimant was therefore eligible to receive benefits. Under the circumstances, the conclusion that claimant’s actions did not rise to the level of misconduct is supported by substantial evidence and the decision in claimant’s favor must be upheld (see, Matter of Garcia [Hallen Plastics Corp.—Roberts] 104 AD2d 675, 676-677).

Decision affirmed, without costs. Mahoney, P. J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 1, 1990, which ruled that claimant was entitled to receive unemployment insurance benefits.

The Unemployment Insurance Appeal Board reversed the Administrative Law Judge, who had found that certain comments made by claimant to his supervisor amounted to insubordination and constituted misconduct. The differing versions of the confrontation created only questions of fact for the Board to resolve (see, Matter of Brewer [Levine], 53 AD2d 751). The Board found that claimant’s statements were mistakenly construed as a threat and that claimant was therefore eligible to receive benefits. Under the circumstances, the conclusion that claimant’s actions did not rise to the level of misconduct is supported by substantial evidence and the decision in claimant’s favor must be upheld (see, Matter of Garcia [Hallen Plastics Corp.—Roberts] 104 AD2d 675, 676-677).

Decision affirmed, without costs. Mahoney, P. J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.

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Bluebook (online)

172 A.D.2d 943, 568 N.Y.S.2d 700, 1991 N.Y. App. Div. LEXIS 4564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-cochran-nyappdiv-1991.

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