In re the Claim of Weaver

Appellate Division of the Supreme Court of New York

In re the Claim of Weaver

201 A.D.2d 809, 607 N.Y.S.2d 496, 1994 N.Y. App. Div. LEXIS 1136

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

DecidedFebruary 10, 1994

StatusPublished

This text of 201 A.D.2d 809 (In re the Claim of Weaver) 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 Weaver, 201 A.D.2d 809, 607 N.Y.S.2d 496, 1994 N.Y. App. Div. LEXIS 1136 (N.Y. Ct. App. 1994).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 19, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a sports writer for a newspaper, was fired from his job following a verbal and physical altercation with the owner of a minor league baseball team while covering a game. The record reveals that claimant’s work history included a number of warnings about his conduct. In addition, claimant had signed a copy of his employer’s rules of conduct which prohibited the use of abusive language and unbecoming moral conduct while at work. Under the circumstances, substantial evidence exists to support the decision of the Board that claimant’s actions were detrimental to the employer’s interest and constituted misconduct, thereby disqualifying him from receiving unemployment insurance benefits.

Mikoll, J. P., Mercure, Crew III and Yesawich Jr., 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 March 19, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a sports writer for a newspaper, was fired from his job following a verbal and physical altercation with the owner of a minor league baseball team while covering a game. The record reveals that claimant’s work history included a number of warnings about his conduct. In addition, claimant had signed a copy of his employer’s rules of conduct which prohibited the use of abusive language and unbecoming moral conduct while at work. Under the circumstances, substantial evidence exists to support the decision of the Board that claimant’s actions were detrimental to the employer’s interest and constituted misconduct, thereby disqualifying him from receiving unemployment insurance benefits.

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

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Bluebook (online)

201 A.D.2d 809, 607 N.Y.S.2d 496, 1994 N.Y. App. Div. LEXIS 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-weaver-nyappdiv-1994.