In re the Claim of Bauer
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 18, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
On the last day of his employment as a motor vehicle driver for the United States Postal Service, claimant received a notice of removal from his supervisor, advising him that he would be discharged at the end of 30 days based upon charges that he had failed to follow instructions, deviated from his assigned route and engaged in conduct unbecoming a postal employee. Claimant responded by threatening to have someone “come down here with a machine gun and spray the place.” He was immediately discharged for threatening a coworker with violence. The Unemployment Insurance Appeal Board subsequently ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to misconduct. We affirm.
Claimant’s unsupported references to an arbitrator’s decision in his favor do not affect our review as the record contains no formal documentation of an arbitration proceeding. Claimant concedes, in any event, that the arbitrator’s decision was rendered subsequent to the administrative decision disqualifying him from the receipt of unemployment insurance benefits (see Matter of Williams, 288 AD2d 813 [2001]).
Mercure, J.P., Peters, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.