From Casetext: Smarter Legal Research

Matter of Schembri

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 717 (N.Y. App. Div. 1998)

Opinion

July 9, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from her employment as a manager at a coffee shop restaurant following a confrontation with her supervisor. Substantial evidence in the record supports the decision of the Unemployment Insurance Appeal Board finding that claimant's conduct constituted disqualifying misconduct ( see, Matter of Tietze [Hudacs], 193 A.D.2d 1000). Claimant admittedly became offended when the supervisor directed a customer's question to a co-worker rather than to claimant. According to the supervisor, claimant became very upset and yelled at her in the presence of customers. A statement submitted by a co-worker who witnessed the incident corroborated the supervisor's version of events. The supervisor then brought claimant into the back room and attempted to calm her down. Claimant continued to scream at her supervisor whereupon claimant was told to leave. Although claimant denied raising her voice, this presented a credibility issue for the Board to resolve ( see, Matter of Kushner [Hudacs], 193 A.D.2d 1043).

Cardona, P. J., Mikoll, White, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Schembri

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 717 (N.Y. App. Div. 1998)
Case details for

Matter of Schembri

Case Details

Full title:In the Matter of the Claim of DEBORAH M. SCHEMBRI, Appellant. COMMISSIONER…

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

Date published: Jul 9, 1998

Citations

252 A.D.2d 717 (N.Y. App. Div. 1998)
675 N.Y.S.2d 671