Opinion
March 11, 1993
Appeal from the Unemployment Insurance Appeal Board.
Claimant worked as a mechanic for a public utility for approximately 18 years. On the day in question, claimant confronted his supervisor when he found out that he was not picked for overtime work. Claimant admitted at the hearing that he became outraged and yelled and swore at his supervisor in the presence of other employees. As he walked away from his supervisor, claimant threw his hard hat to the ground. Under the circumstances, there is substantial evidence in the record to support the decision of the Unemployment Insurance Appeal Board that claimant was insubordinate and that his employment was terminated due to misconduct (see, Matter of Valentin [American Museum of Natural History — Roberts], 103 A.D.2d 919; Matter of Martin [Catherwood], 33 A.D.2d 815).
Levine, J.P., Mercure, Mahoney, Casey and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.