In re the Claim of Simon

Appellate Division of the Supreme Court of New York

In re the Claim of Simon

236 A.D.2d 731, 654 N.Y.S.2d 694, 1997 N.Y. App. Div. LEXIS 1461

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

DecidedFebruary 20, 1997

StatusPublished

Cited by1 cases

This text of 236 A.D.2d 731 (In re the Claim of Simon) 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 Simon, 236 A.D.2d 731, 654 N.Y.S.2d 694, 1997 N.Y. App. Div. LEXIS 1461 (N.Y. Ct. App. 1997).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 18, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed for 17 years as a ground service worker for the employer airline company. In June 1992, he was terminated from his position for verbally threatening and physically pushing a manager. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that he was terminated for misconduct and further charged him with a recoverable overpayment. Claimant appeals, contending that the Board’s decision was not supported by substantial evidence. Based upon our review of the record, we disagree.

According to the manager, he and claimant were on their way to a hearing regarding claimant’s insubordination when claimant verbally threatened and abused him. Claimant, denying that the incident occurred, contends that the manager grabbed his arm causing him to fall down a set of stairs. Such conflicting testimony regarding the incident presents a question of credibility for the Board to resolve (see, Matter of Benito [Shulsky Props.—Hudacs], 203 AD2d 846). We find that substantial evidence supports the Board’s decision that claimant engaged in disqualifying misconduct (see, Matter of Stennett [Hudacs], 191 AD2d 774, 775).

Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, 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 September 18, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed for 17 years as a ground service worker for the employer airline company. In June 1992, he was terminated from his position for verbally threatening and physically pushing a manager. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that he was terminated for misconduct and further charged him with a recoverable overpayment. Claimant appeals, contending that the Board’s decision was not supported by substantial evidence. Based upon our review of the record, we disagree.

According to the manager, he and claimant were on their way to a hearing regarding claimant’s insubordination when claimant verbally threatened and abused him. Claimant, denying that the incident occurred, contends that the manager grabbed his arm causing him to fall down a set of stairs. Such conflicting testimony regarding the incident presents a question of credibility for the Board to resolve (see, Matter of Benito [Shulsky Props.—Hudacs], 203 AD2d 846). We find that substantial evidence supports the Board’s decision that claimant engaged in disqualifying misconduct (see, Matter of Stennett [Hudacs], 191 AD2d 774, 775).

Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

236 A.D.2d 731, 654 N.Y.S.2d 694, 1997 N.Y. App. Div. LEXIS 1461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-simon-nyappdiv-1997.

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