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Matter of Bradley

Appellate Division of the Supreme Court of New York, Third Department
Apr 9, 1998
249 A.D.2d 649 (N.Y. App. Div. 1998)

Opinion

April 9, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a hospital telephone operator, was discharged from her employment after she threatened her supervisor during a confrontation over the length of claimant's break. The Unemployment Insurance Appeal Board, disagreeing with the Administrative Law Judge's assessment of credibility, disqualified claimant from receiving unemployment insurance benefits on the ground that she was terminated for misconduct. Claimant appeals.

Threatening one's supervisor has been held to constitute disqualifying misconduct (see, Matter of Cuevas [Sweeney], 246 A.D.2d 718; Matter of Khan [Sweeney], 239 A.D.2d 651, 652). Although claimant denies that she threatened her supervisor, the supervisor's contrary testimony presented a credibility issue for the Board to resolve (see, Matter of Simon [Trans World Airlines — Sweeney], 236 A.D.2d 731). We conclude that the record as a whole, including the testimony of the disinterested witnesses and claimant's supervisor, provided substantial evidence to support the Board's determination (see, Matter of Pitcairn [Rubies Costume Co. — Sweeney], 239 A.D.2d 757, 758).

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

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Bradley

Appellate Division of the Supreme Court of New York, Third Department
Apr 9, 1998
249 A.D.2d 649 (N.Y. App. Div. 1998)
Case details for

Matter of Bradley

Case Details

Full title:In the Matter of the Claim of ELVOID M. BRADLEY, Appellant. COMMISSIONER…

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

Date published: Apr 9, 1998

Citations

249 A.D.2d 649 (N.Y. App. Div. 1998)
671 N.Y.S.2d 190

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