Appellate Division of the Supreme Court of New York, 1996

In re the Claim of Martin

In re the Claim of Martin
Appellate Division of the Supreme Court of New York · Decided April 4, 1996
226 A.D.2d 800; 640 N.Y.S.2d 300; 1996 N.Y. App. Div. LEXIS 3442
In re the Claim of Martin

Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 26,1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, a secretary, was terminated from her employment after she yelled at a co-worker during an argument. The Board denied her application for unemployment insurance benefits, finding that she was terminated for misconduct. We find that the Board’s decision is supported by substantial evidence. Claimant received three prior warnings regarding her disruptive behavior, but continued to engage in such behavior during the incident in question. She became loud and disruptive despite her supervisor’s attempt to calm her. Consequently, we find no reason to disturb the Board’s decision.

Cardona, P. J., Mikoll, Mercure, Casey and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.