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Matter of Costantini

Appellate Division of the Supreme Court of New York, Third Department
Oct 1, 1992
186 A.D.2d 853 (N.Y. App. Div. 1992)

Opinion

October 1, 1992

Appeal from the Unemployment Insurance Appeal Board.


After firing an employee for swearing, claimant, a manager of a restaurant, followed her outside, swore at her and threatened her. As a result of this incident, claimant was fired. Claimant not only admitted to this behavior, but he had signed a copy of the employer's rules which stated that he could be discharged for such conduct as it was detrimental to the employer's interest. A violation of a company rule of which an employee is aware has been held to constitute misconduct (see, Matter of Sylvester [Hartnett], 143 A.D.2d 478; Matter of Beykirch [Roberts], 125 A.D.2d 857, lv denied 73 N.Y.2d 704; Matter of Green [Levine], 53 A.D.2d 782). In addition, claimant engaged in the same conduct for which he found objectionable when displayed by a co-worker and for which he found it necessary to fire her. Under these circumstances, the determination of the Unemployment Insurance Appeal Board disqualifying claimant from receiving unemployment insurance benefits is supported by substantial evidence and must be upheld (see, Matter of Garcia [Roberts], 89 A.D.2d 643; Matter of Levick [Ross], 53 A.D.2d 950, appeal dismissed 42 N.Y.2d 909, lv denied 42 N.Y.2d 811).

Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Costantini

Appellate Division of the Supreme Court of New York, Third Department
Oct 1, 1992
186 A.D.2d 853 (N.Y. App. Div. 1992)
Case details for

Matter of Costantini

Case Details

Full title:In the Matter of the Claim of GERALD T. COSTANTINI, Appellant. JOHN F…

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

Date published: Oct 1, 1992

Citations

186 A.D.2d 853 (N.Y. App. Div. 1992)
588 N.Y.S.2d 216