In re the Claim of MacGilfrey

223 A.D.2d 894, 636 N.Y.S.2d 222, 1996 N.Y. App. Div. LEXIS 379
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 18, 1996
StatusPublished
Cited by1 cases

This text of 223 A.D.2d 894 (In re the Claim of MacGilfrey) 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 MacGilfrey, 223 A.D.2d 894, 636 N.Y.S.2d 222, 1996 N.Y. App. Div. LEXIS 379 (N.Y. Ct. App. 1996).

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 16, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, a cashier at a supermarket, was terminated from her employment for uttering obscene language to her manager after he spoke with her about her inability to get along with another cashier. Although claimant denied using obscene language, a representative of the employer testified that claimant used profanity toward her manager after he warned her about arguing with the other cashier in front of customers. In view of this, we find that substantial evidence supports the Board’s decision that claimant was terminated for misconduct. Accordingly, we find no reason to disturb the Board’s decision.

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

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Related

In re the Claim of Inman
241 A.D.2d 619 (Appellate Division of the Supreme Court of New York, 1997)

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Bluebook (online)
223 A.D.2d 894, 636 N.Y.S.2d 222, 1996 N.Y. App. Div. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-macgilfrey-nyappdiv-1996.