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In re the Claim of Shaw

Appellate Division of the Supreme Court of the State of New York
Feb 6, 2003
Versions:302 A.D.2d 655
753 N.Y.S.2d 772
2003 N.Y. App. Div. LEXIS 870

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 24, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost her employment as a receptionist due to disqualifying misconduct. The record establishes that shortly after she was reprimanded for interrupting the training of a new employee, claimant became angry and threatened to put rat poison in the office water cooler. It is well settled that utterance of a threat to a supervisor or coworker can constitute misconduct (see Matter of Khan [Sweeney], 239 AD2d 651). Although claimant denied having made any threatening remarks, this created a credibility issue for the Board to resolve (see Matter of Moore [Commissioner of Labor], 282 AD2d 857).

Cardona, P.J., Mercure, Peters, Carpinello and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

Case Details

Case Name: In re the Claim of Shaw
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 6, 2003
Citations: 302 A.D.2d 655; 753 N.Y.S.2d 772; 2003 N.Y. App. Div. LEXIS 870
Court Abbreviation: N.Y. App. Div.
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