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Matter of Marquez

Appellate Division of the Supreme Court of New York, Third Department
Jul 29, 1999
263 A.D.2d 926 (N.Y. App. Div. 1999)

Opinion

July 29, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 9, 1998, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Richard Marquez, New York City, appellant in person.

Michael D. Hess, Corporation Counsel (George Gutwirth of counsel), New York City, for New York City Department of Personnel, respondent.

Before: CARDONA, P.J., MERCURE, YESAWICH JR., PETERS and SPAIN, JJ.


MEMORANDUM AND ORDER

Claimant was discharged from his employment as an administrative associate at a human services agency after he became argumentative over the telephone with the employer's Field Director, who criticized claimant's failure to answer the telephone with the employer's standard greeting. In response, claimant threatened to sue the Field Director and "write him up". Claimant then hung up the telephone while the Field Director was still speaking. Significantly, at the time of this incident, claimant was on disciplinary probation because of past difficulties with a different supervisor.

In our view, substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant was disqualified from receiving benefits because his employment was terminated due to misconduct. There can be no dispute that insubordinate behavior such as issuing threats to one's supervisor or engaging in conduct that is detrimental to the employer's interests, can be construed as disqualifying misconduct (see, Matter of Khan [Sweeney], 239 A.D.2d 651, 652). Notably, at the time of this conduct, the prior disciplinary stipulation placed claimant on notice that further insubordination would jeopardize his employment (see, e.g., Matter of Downey [Commissioner of Labor], 252 A.D.2d 708). Moreover, although claimant maintains that it was the Field Director who was rude to him, credibility issues presented by the conflicting testimony were within the province of the Board to resolve (see, Matter of Agis [Sweeney], 242 A.D.2d 819). Claimant's remaining arguments have been examined and found to be unpersuasive.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Marquez

Appellate Division of the Supreme Court of New York, Third Department
Jul 29, 1999
263 A.D.2d 926 (N.Y. App. Div. 1999)
Case details for

Matter of Marquez

Case Details

Full title:IN THE MATTER OF THE CLAIM OF RICHARD MARQUEZ, Appellant. NEW YORK CITY…

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

Date published: Jul 29, 1999

Citations

263 A.D.2d 926 (N.Y. App. Div. 1999)
693 N.Y.S.2d 346