In re the Claim of Johnson

Appellate Division of the Supreme Court of New York

In re the Claim of Johnson

198 A.D.2d 694, 605 N.Y.S.2d 964, 1993 N.Y. App. Div. LEXIS 10816

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 694 (In re the Claim of Johnson) 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 Johnson, 198 A.D.2d 694, 605 N.Y.S.2d 964, 1993 N.Y. App. Div. LEXIS 10816 (N.Y. Ct. App. 1993).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 21, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Board’s determination disqualifying claimant from receiving unemployment insurance benefits due to his misconduct is supported by substantial evidence and must be upheld. His actions in visiting his place of employment in an intoxicated condition and getting into a confrontation and altercation with security personnel were clearly detrimental to the employer’s interests. Claimant’s remaining contentions have been considered and rejected as unpersuasive.

Weiss, P. J., Mercure, Cardona, White and Mahoney, 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 December 21, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Board’s determination disqualifying claimant from receiving unemployment insurance benefits due to his misconduct is supported by substantial evidence and must be upheld. His actions in visiting his place of employment in an intoxicated condition and getting into a confrontation and altercation with security personnel were clearly detrimental to the employer’s interests. Claimant’s remaining contentions have been considered and rejected as unpersuasive.

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

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Bluebook (online)

198 A.D.2d 694, 605 N.Y.S.2d 964, 1993 N.Y. App. Div. LEXIS 10816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-johnson-nyappdiv-1993.