In re the Claim of Mack

Appellate Division of the Supreme Court of New York

In re the Claim of Mack

286 A.D.2d 795, 729 N.Y.S.2d 812, 2001 N.Y. App. Div. LEXIS 8463

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

DecidedSeptember 13, 2001

StatusPublished

Cited by1 cases

This text of 286 A.D.2d 795 (In re the Claim of Mack) 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 Mack, 286 A.D.2d 795, 729 N.Y.S.2d 812, 2001 N.Y. App. Div. LEXIS 8463 (N.Y. Ct. App. 2001).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 11, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a bus driver for, inter alia, being discourteous to a passenger despite having received a previous warning to refrain from such inappropriate behavior. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to [796]*796misconduct (see, Matter of Cooper [New York Apple Tours— Commissioner of Labor], 276 AD2d 1007; Matter of Inman [Sweeney], 241 AD2d 619). Claimant’s assertion that he acted appropriately under the circumstances presented a credibility issue for resolution by the Board (see, Matter of Cooper [New York Apple Tours — Commissioner of Labor], supra). Claimant’s remaining contention has been examined and found to be without merit.

Peters, J. P., Spain, Carpinello, Mugglin and Rose, 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 January 11, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a bus driver for, inter alia, being discourteous to a passenger despite having received a previous warning to refrain from such inappropriate behavior. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to [796]*796misconduct (see, Matter of Cooper [New York Apple Tours— Commissioner of Labor], 276 AD2d 1007; Matter of Inman [Sweeney], 241 AD2d 619). Claimant’s assertion that he acted appropriately under the circumstances presented a credibility issue for resolution by the Board (see, Matter of Cooper [New York Apple Tours — Commissioner of Labor], supra). Claimant’s remaining contention has been examined and found to be without merit.

Peters, J. P., Spain, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

286 A.D.2d 795, 729 N.Y.S.2d 812, 2001 N.Y. App. Div. LEXIS 8463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mack-nyappdiv-2001.

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