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In re Amarante

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 2008
50 A.D.3d 1288 (N.Y. App. Div. 2008)

Opinion

No. 503457.

April 11, 2008.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 21, 2007, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Frank D. Amarante, North Babylon, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Bessie Bazile of counsel), for Commissioner of Labor, respondent.

Before: Mercure, J.P., Spain, Rose, Malone Jr. and Stein, JJ.


Substantial evidence supports the Unemployment Insurance Appeal Board's decision ruling that claimant, a senior technician, was discharged from his employment due to disqualifying misconduct — specifically, being disruptive and insubordinate in the workplace. Claimant's supervisor testified that he assigned claimant a particular task with a deadline and received assurances from claimant that the work would be completed in a timely manner. When the supervisor subsequently approached claimant to inquire as to the status of the project, claimant pushed himself back from his work table and threw his hands in the air exclaiming, "I'm doing this the best as I can. Fire me, lay me off if — if you can do it better." Claimant conceded that he informed his supervisor that the supervisor could lay him off, and the record reflects that claimant was warned on two prior occasions regarding his attitude in the workplace. Disruptive or insubordinate behavior has been held to constitute disqualifying misconduct ( see Matter of Mulea [Commissioner of Labor], 23 AD3d 753, 754; Matter of Lazar [Commissioner of Labor], 1 AD3d 687, 688), particularly where, as here, a claimant previously was warned regarding such behavior ( see Matter of Cameron [Commissioner of Labor], 15 AD3d 722). Under such circumstances, the Board's conclusion that claimant engaged in disqualifying misconduct and invited his own discharge is supported by substantial evidence in the record as a whole ( see Matter of Lewis [Strathmore Directories — Commissioner of Labor], 277 AD2d 623, 624). To the extent that claimant provided contrary testimony, that presented a credibility issue for the Board to resolve ( see Matter of Mulea [Commissioner of Labor], 23 AD3d at 754).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Amarante

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 2008
50 A.D.3d 1288 (N.Y. App. Div. 2008)
Case details for

In re Amarante

Case Details

Full title:In the Matter of the Claim of FRANK D. AMARANTE, Appellant. MITEQ, INC.…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 11, 2008

Citations

50 A.D.3d 1288 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3279
855 N.Y.S.2d 306

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