Matter of Nwaozor (City of New York--Commissioner of Labor)
—[*1] Mirkin & Gordon, P.C., Great Neck (E. Lisa Forte of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth I. Freedman of counsel), for City of New York, respondent.
Eric T. Schneiderman, Attorney General, New York City (Steven Koton of counsel), for Commissioner of Labor, respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 6, 2010, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant worked for the employer for 17 years, most recently as a supervisor for the Department of Homeless Services. His employment was terminated in October 2006 for sexual harassment. After claimant applied for unemployment insurance benefits, the Department of Labor issued an initial determination finding that he was disqualified from receiving benefits because he lost his employment through misconduct. Ultimately, the Unemployment Insurance Appeal Board sustained the initial determination. Claimant now appeals.
We affirm. Claimant‘s sole contention is that, where the arbitrator found that claimant was guilty of certain charges but termination was unwarranted, the Board was bound to give that determination collateral estoppel effect. While the Board is required to recognize an arbitrator‘s factual findings regarding a claimant‘s conduct, it is incumbent upon the Board to make an
Mercure, J.P., Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.