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In the Matter of the Claim of Bishop

Appellate Division of the Supreme Court of New York, Third Department
Apr 19, 2001
282 A.D.2d 924 (N.Y. App. Div. 2001)

Opinion

Decided and Entered: April 19, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 20, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Jeaneen A. Bishop, Jamaica, appellant in person.

Jane L. Gordon, New York City, for New York City Human Resources Administration, respondent.

Before: Cardona, P.J., Mercure, Crew III, Peters and, Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant challenges a determination finding that she was disqualified from receiving unemployment insurance benefits after her employment as an institutional aide for the Human Services Department of the City of New York was terminated. Following an arbitration hearing pursuant to claimant's collective bargaining agreement, it was determined that she had filed a false police report concerning an alleged physical altercation with her supervisor, that claimant used abusive language toward her supervisor and that she lied under oath in connection with the alleged altercation. The Unemployment Insurance Appeal Board appropriately gave collateral estoppel effect to the factual findings of the arbitrator as the record establishes that claimant was given a full and fair opportunity to litigate the issue of her misconduct at the arbitration hearing (see, Matter of Rolle [Nassau County Civil Serv. Commn. — Commissioner of Labor], 258 A.D.2d 871). Given claimant's dishonest conduct, substantial evidence supports the Board's finding that she engaged in disqualifying misconduct (see, Matter of Shuaib [Commissioner of Labor], 268 A.D.2d 744). Claimant's remaining contentions have been reviewed and found to be without merit.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of the Claim of Bishop

Appellate Division of the Supreme Court of New York, Third Department
Apr 19, 2001
282 A.D.2d 924 (N.Y. App. Div. 2001)
Case details for

In the Matter of the Claim of Bishop

Case Details

Full title:IN THE MATTER OF THE CLAIM OF JEANEEN A. BISHOP, APPELLANT. NEW YORK CITY…

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

Date published: Apr 19, 2001

Citations

282 A.D.2d 924 (N.Y. App. Div. 2001)
723 N.Y.S.2d 568

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