In re the Claim of Tracy

Appellate Division of the Supreme Court of New York

In re the Claim of Tracy

256 A.D.2d 800, 681 N.Y.S.2d 388, 1998 N.Y. App. Div. LEXIS 13331

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

DecidedDecember 10, 1998

StatusPublished

This text of 256 A.D.2d 800 (In re the Claim of Tracy) 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.

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In re the Claim of Tracy, 256 A.D.2d 800, 681 N.Y.S.2d 388, 1998 N.Y. App. Div. LEXIS 13331 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 26, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was discharged from her employment as a hotel reservations clerk after she left a vulgar and threatening message on her supervisor’s voice mail. Claimant was apparently upset about how management handled her complaints regarding the conduct of a co-worker. In our view, substantial evidence supports the Unemployment Insurance Appeal Board’s decision that claimant was disqualified from receiving benefits because her employment was terminated due to misconduct. It is well settled that “[t]he use of vulgar language and disrespectful conduct towards supervisors constitutes disqualifying misconduct” (Matter of Stagno [Sweeney], 239 AD2d 766, 767). Credibility issues presented by the conflicting testimony at the hearing were within the province of the Board to resolve (see, Matter of Agis [Sweeney], 242 AD2d 819).

Cardona, P. J., Mercure, Yesawich Jr., Spain and Carpinello, 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 August 26, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was discharged from her employment as a hotel reservations clerk after she left a vulgar and threatening message on her supervisor’s voice mail. Claimant was apparently upset about how management handled her complaints regarding the conduct of a co-worker. In our view, substantial evidence supports the Unemployment Insurance Appeal Board’s decision that claimant was disqualified from receiving benefits because her employment was terminated due to misconduct. It is well settled that “[t]he use of vulgar language and disrespectful conduct towards supervisors constitutes disqualifying misconduct” (Matter of Stagno [Sweeney], 239 AD2d 766, 767). Credibility issues presented by the conflicting testimony at the hearing were within the province of the Board to resolve (see, Matter of Agis [Sweeney], 242 AD2d 819).

Cardona, P. J., Mercure, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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256 A.D.2d 800, 681 N.Y.S.2d 388, 1998 N.Y. App. Div. LEXIS 13331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-tracy-nyappdiv-1998.

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