In re the Claim of Pabon
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 7, 1999, which denied claimant’s application for reconsideration of a previous decision adhering to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
We affirm. Initially, our review of the record discloses no abuse of the Board’s discretion in denying claimant’s application for reconsideration of its prior decision (see, Matter of Semiletov [Commissioner of Labor], 253 AD2d 931). In any event, were the matter properly before us, we would find substantial evidence to support the Board’s ruling that claimant was guilty of disqualifying misconduct given the proof indicating that claimant was verbally abusive and threatening to his supervisor (see, Matter of Cuevas [Sweeney], 246 AD2d 718). Although claimant denies that he threatened his supervisor, the contrary testimony presented a credibility issue for the Board to resolve (see, Matter of Bradley [Commissioner of Labor], 249 AD2d 649). Furthermore, the existence of a later settlement agreement between the employer and claimant did not preclude the Board from determining the factual basis for claimant’s discharge (see, Matter of Caplan [Sweeney], 238 AD2d 660).
Cardona, P. J., Crew III, Spain, Graffeo and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.