In re the Claim of Garcia
Cases that cite this one
1 later published case cites this decision.
- In re the Claim of Costantini (Appellate Division of the Supreme Court of New York 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 12,1981, which sustained the decision of the Administrative Law Judge modifying the determination of the Industrial Commissioner and disqualifying claimant from unemployment benefits because of misconduct. Claimant was employed by the FHA Steel Corporation as a helper in making steql doors and frames. Claimant was involved in an argument with his co-worker who blamed claimant for work errors because of his failure to follow instructions. The Industrial Commissioner disqualified claimant for failing to follow work orders after being previously advised. The board, on the other hand, found that claimant threatened to swing at the co-worker and found this act to be the misconduct for which he was terminated. There is substantial evidence to support the determination of the board which should be affirmed. The Attorney-General, citing Matter of Drew (Ross) (80 AD2d 958), has abstained from support of the board’s
Case-law data current through September 30, 2026. Source: CourtListener bulk data.