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Matter of Saviano

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 743 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from his employment as a porter after he threatened a security guard who worked in the same building. Claimant had previously been verbally reprimanded by his supervisor for engaging in a name-calling incident with the same guard and warned to stay away from this individual. The Unemployment Insurance Appeal Board ruled, inter alia, that claimant was disqualified from receiving benefits because he was terminated due to misconduct. We affirm. Threatening a co-worker ( see, Matter of Teeter [Sweeney], 241 A.D.2d 689; Matter of Ambrosio [Hudacs], 199 A.D.2d 807) and engaging in conduct which is detrimental to an employer's interest ( see, Matter of Khan [Sweeney], 239 A.D.2d 651, 652) have been held to constitute disqualifying misconduct. Claimant's conduct here met both criteria. Inasmuch as substantial evidence supports the Board's decision, it is affirmed.

Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Saviano

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 743 (N.Y. App. Div. 1997)
Case details for

Matter of Saviano

Case Details

Full title:In the Matter of the Claim of MICHAEL SAVIANO, Appellant. JOHN E. SWEENEY…

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

Date published: Nov 20, 1997

Citations

244 A.D.2d 743 (N.Y. App. Div. 1997)
664 N.Y.S.2d 673

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