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Matter of Guerriero

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 873 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the Unemployment Insurance Appeal Board.


The evidence supports the conclusion that claimant was insubordinate in refusing to accompany her sales manager to the personnel office and by pushing and scratching the manager's face. The record also establishes that claimant was belligerent to the manager. While claimant denied that she was verbally or physically abusive to her manager, this created only a question of credibility which was within the exclusive province of the Unemployment Insurance Appeal Board to resolve (see, Matter of Padilla [Sephardic Home for the Aged — Roberts], 113 A.D.2d 997). Accordingly, the Board's decision disqualifying claimant from receiving unemployment insurance benefits due to her misconduct was supported by substantial evidence (see, Matter of Valentin [American Museum of Natural History — Roberts], 103 A.D.2d 919).

Decision affirmed, without costs. Casey, J.P., Weiss, Mercure, Crew III, and Harvey, JJ., concur.


Summaries of

Matter of Guerriero

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 873 (N.Y. App. Div. 1991)
Case details for

Matter of Guerriero

Case Details

Full title:In the Matter of the Claim of DOROTHY C. GUERRIERO, Appellant. THOMAS F…

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

Date published: Feb 21, 1991

Citations

170 A.D.2d 873 (N.Y. App. Div. 1991)
566 N.Y.S.2d 699