In re the Claim of McWilliams

Appellate Division of the Supreme Court of New York

In re the Claim of McWilliams

200 A.D.2d 844, 606 N.Y.S.2d 803, 1994 N.Y. App. Div. LEXIS 219

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

DecidedJanuary 13, 1994

StatusPublished

Cited by1 cases

This text of 200 A.D.2d 844 (In re the Claim of McWilliams) 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 McWilliams, 200 A.D.2d 844, 606 N.Y.S.2d 803, 1994 N.Y. App. Div. LEXIS 219 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 4, 1992, which denied claimant’s application for reopening and reconsideration.

We do not find that the Board abused its discretion in [845]*845rejecting claimant’s application to reopen the Board’s prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits. In any event, there is substantial evidence to support the Board’s conclusion that claimant’s use of inappropriate language toward one student and his apparent challenge to another student to "settle their differences outside” constituted misconduct, especially after he had been warned about such conduct in the past.

Cardona, P. J., Mikoll, Crew III, White and Weiss, 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 May 4, 1992, which denied claimant’s application for reopening and reconsideration.

We do not find that the Board abused its discretion in [845]*845rejecting claimant’s application to reopen the Board’s prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits. In any event, there is substantial evidence to support the Board’s conclusion that claimant’s use of inappropriate language toward one student and his apparent challenge to another student to "settle their differences outside” constituted misconduct, especially after he had been warned about such conduct in the past.

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

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Bluebook (online)

200 A.D.2d 844, 606 N.Y.S.2d 803, 1994 N.Y. App. Div. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcwilliams-nyappdiv-1994.

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