Opinion
April 11, 1991
Appeal from the Unemployment Insurance Appeal Board.
The Unemployment Insurance Appeal Board reversed the Administrative Law Judge, who had found that certain comments made by claimant to his supervisor amounted to insubordination and constituted misconduct. The differing versions of the confrontation created only questions of fact for the Board to resolve (see, Matter of Brewer [Levine], 53 A.D.2d 751). The Board found that claimant's statements were mistakenly construed as a threat and that claimant was therefore eligible to receive benefits. Under the circumstances, the conclusion that claimant's actions did not rise to the level of misconduct is supported by substantial evidence and the decision in claimant's favor must be upheld (see, Matter of Garcia [Hallen Plastics Corp. — Roberts], 104 A.D.2d 675, 676-677).
Decision affirmed, without costs. Mahoney, P.J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.