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Matter of Claim of Cooper

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2000
276 A.D.2d 1007 (N.Y. App. Div. 2000)

Opinion

October 26, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 5, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

China Cooper, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for Commissioner of Labor, respondent.

Before: Crew III, J.P., Peters, Spain, Carpinello and Graffeo, JJ.


MEMORANDUM AND ORDER

Claimant challenges a decision of the Unemployment Insurance Appeal Board finding that she was terminated from her employment as a tour guide for a New York City bus company under disqualifying circumstances. We affirm. The record reveals numerous complaints from both customers and co-workers regarding claimant's obnoxious and rude behavior and establishes that claimant disregarded numerous warnings from the employer to correct her inappropriate behavior. Under these circumstances, we find substantial evidence to support the Board's conclusion that claimant engaged in disqualifying misconduct (see, Matter of Inman [Sweeney], 241 A.D.2d 619; Matter of Teran [Hudacs], 198 A.D.2d 595, 596). Although claimant denied acting in an offensive manner, this presented a credibility issue for the Board to resolve (see, Matter of Pasquarosa [Euro Brokers — Commissioner of Labor], 260 A.D.2d 903, 904).

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Claim of Cooper

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2000
276 A.D.2d 1007 (N.Y. App. Div. 2000)
Case details for

Matter of Claim of Cooper

Case Details

Full title:In the Matter of the Claim of CHINA COOPER, Appellant. NEW YORK APPLE…

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

Date published: Oct 26, 2000

Citations

276 A.D.2d 1007 (N.Y. App. Div. 2000)
716 N.Y.S.2d 612

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