In re the Claim of Moss
Cases that cite this one
2 later published cases cite this decision.
- Matter of Smith (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2019)
- In re the Claim of Reyna-Bautista (Appellate Division of the Supreme Court of New York 2007)
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 June 7, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was employed as a warehouse worker until he resigned in lieu of discharge after pulling a box cutter on his supervisor. The Unemployment Insurance Appeal Board denied his claim for unemployment insurance benefits on the ground that he was discharged for misconduct. Claimant now appeals.
We affirm. Substantial evidence supports the Board’s decision. Violent or threatening behavior by an employee has been held to constitute disqualifying misconduct (see Matter of
Peters, J.P, Spain, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.