Opinion
May 7, 1998
Appeal from the Unemployment Insurance Appeal Board.
Claimant was discharged from his position as a porter after he threatened the building superintendent during a dispute over claimants pay and hours. In our view, there is substantial evidence in the record to support the Unemployment Insurance Appeal Board's decision finding that claimants actions rose to the level of disqualifying misconduct. There can be no dispute that issuing threats to ones supervisor or engaging in conduct that is detrimental to the employers interests constitutes misconduct ( see, Matter of Khan [Sweeney], 239 A.D.2d 652, 652). Although claimant disputed the building superintendents account of the incident and testified that he never threatened to have him murdered, it was for the Board to assess the credibility of the witnesses and weigh the differing evidence accordingly ( see, Matter of Eggers [Sweeney], 215 A.D.2d 859).
Mikoll, J.P., Mercure, Spain, Carpinello and Graffeo, JJ., concur.
Ordered that the decision is affirmed, without costs.