Opinion
92865
May 29, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 13, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Hiscock Legal Aid Society, Syracuse (Angela Christoffel of counsel), for appellant.
Eliot Spitzer, Attorney General, New York City (Steven Segall of counsel), for respondent.
Before: Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from his employment as a data entry clerk at an antique automobile dealership after yelling a vulgar comment to a female coworker despite a recent warning that such conduct was inappropriate. The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, ruled that claimant engaged in disqualifying misconduct and denied his application for unemployment insurance benefits. Contrary to claimant's contention on appeal, testimony from the employer who witnessed claimant's outburst provides substantial evidence to support the Board's decision.
We also reject claimant's assertion that the Board improperly relied upon a statement submitted by the coworker involved in the incident and that he should be granted a new hearing in order to cross-examine her. Although claimant objected to the coworker's statement being introduced, he nevertheless failed to request a subpoena to compel the testimony of the coworker (see Matter of Santiago [Commissioner of Labor], 285 A.D.2d 780). Furthermore, claimant was given the opportunity to cross-examine the employer regarding the statement. Under these circumstances, we find no reason to disturb the Board's decision.
Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ., concur.
ORDERED that the decision is affirmed, without costs.