In re the Claim of Guerriero

Appellate Division of the Supreme Court of New York

In re the Claim of Guerriero

170 A.D.2d 873, 566 N.Y.S.2d 699, 1991 N.Y. App. Div. LEXIS 2198

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

DecidedFebruary 21, 1991

StatusPublished

This text of 170 A.D.2d 873 (In re the Claim of Guerriero) 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 Guerriero, 170 A.D.2d 873, 566 N.Y.S.2d 699, 1991 N.Y. App. Div. LEXIS 2198 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 6, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

The evidence supports the conclusion that claimant was insubordinate in refusing to accompany her sales manager to the personnel office and by pushing and scratching the manager’s face. The record also establishes that claimant was belligerent to the manager. While claimant denied that she was verbally or physically abusive to her manager, this created only a question of credibility which was within the exclusive province of the Unemployment Insurance Appeal Board to resolve (see, Matter of Padilla [Sephardic Home for the Aged— Roberts], 113 AD2d 997). Accordingly, the Board’s decision disqualifying claimant from receiving unemployment insurance benefits due to her misconduct was supported by substantial evidence (see, Matter of Valentin [American Museum of Natural History—Roberts], 103 AD2d 919).

Decision affirmed, without costs. Casey, J. P., Weiss, Mercare, Crew III, and Harvey, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 6, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

The evidence supports the conclusion that claimant was insubordinate in refusing to accompany her sales manager to the personnel office and by pushing and scratching the manager’s face. The record also establishes that claimant was belligerent to the manager. While claimant denied that she was verbally or physically abusive to her manager, this created only a question of credibility which was within the exclusive province of the Unemployment Insurance Appeal Board to resolve (see, Matter of Padilla [Sephardic Home for the Aged— Roberts], 113 AD2d 997). Accordingly, the Board’s decision disqualifying claimant from receiving unemployment insurance benefits due to her misconduct was supported by substantial evidence (see, Matter of Valentin [American Museum of Natural History—Roberts], 103 AD2d 919).

Decision affirmed, without costs. Casey, J. P., Weiss, Mercare, Crew III, and Harvey, JJ., concur.

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Bluebook (online)

170 A.D.2d 873, 566 N.Y.S.2d 699, 1991 N.Y. App. Div. LEXIS 2198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-guerriero-nyappdiv-1991.

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