In re the Claim of Cross

Appellate Division of the Supreme Court of New York

In re the Claim of Cross

198 A.D.2d 704, 603 N.Y.S.2d 645, 1993 N.Y. App. Div. LEXIS 10757

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 704 (In re the Claim of Cross) 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 Cross, 198 A.D.2d 704, 603 N.Y.S.2d 645, 1993 N.Y. App. Div. LEXIS 10757 (N.Y. Ct. App. 1993).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 24, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Administrative Law Judge was bound by the arbitrator’s findings of fact, i.e., that claimant deliberately kicked a co-worker and made inappropriate telephone inquiries into the co-worker’s background. The record contains substantial evidence to support the Board’s decision that this behavior constituted misconduct so as to disqualify claimant from receiving benefits.

Mercure, J. P., Cardona, White, Mahoney and Casey, 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 24, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Administrative Law Judge was bound by the arbitrator’s findings of fact, i.e., that claimant deliberately kicked a co-worker and made inappropriate telephone inquiries into the co-worker’s background. The record contains substantial evidence to support the Board’s decision that this behavior constituted misconduct so as to disqualify claimant from receiving benefits.

Mercure, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

198 A.D.2d 704, 603 N.Y.S.2d 645, 1993 N.Y. App. Div. LEXIS 10757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-cross-nyappdiv-1993.