Opinion
June 2, 1994
Appeal from the Unemployment Insurance Appeal Board.
Contrary to claimant's contention, we find no reason to reverse the Board's decision based on the fact that it accorded collateral estoppel effect to the factual findings of a Hearing Panel appointed pursuant to Education Law § 3020-a. The Hearing Panel had found that claimant was insubordinate and excessively absent. The Board was then free to determine whether claimant's actions constituted misconduct justifying the denial of unemployment insurance benefits. Insofar as the Board's finding that claimant's behavior amounted to misconduct is not irrational, it must be upheld. Claimant's remaining arguments have been reviewed and rejected as unpersuasive or unpreserved for review.
Cardona, P.J., Mikoll, White, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.