Opinion
08-10-2017
In the Matter of the Claim of Cuudoes C. CLARK, Appellant. Commissioner of labor, Respondent.
Cuudoes C. Clark, Haverstraw, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Mary Hughes of counsel), for respondent.
Cuudoes C. Clark, Haverstraw, appellant pro se.
Eric T. Schneiderman, Attorney General, New York City (Mary Hughes of counsel), for respondent.
Before: GARRY, J.P., LYNCH, DEVINE, MULVEY and RUMSEY, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 27, 2016, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant was discharged from her employment as a customer service representative in the collections department of an automotive financing company after a confrontation with her supervisor. The Unemployment Insurance Appeal Board, by decision filed May 27, 2016, ruled that claimant was disqualified from receiving unemployment insurance benefits because she engaged in disqualifying misconduct. Claimant appeals.
The record establishes that claimant's appeal was filed more than 30 days after the Board's decision was mailed. Accordingly, claimant's appeal is untimely and must be dismissed (see Labor Law § 624 ; Matter of Perrone [Commissioner of Labor], 66 A.D.3d 1091, 1091, 886 N.Y.S.2d 782 [2009] ). In any event, were we to reach the merits, substantial evidence supports the Board's decision that claimant's conduct of engaging in protracted offensive conduct toward her supervisor, that included yelling, cursing and physical contact, amounted to insubordination (see Matter of Parker [Commissioner of Labor], 67 A.D.3d 1235, 1236, 889 N.Y.S.2d 712 [2009] ).
ORDERED that the appeal is dismissed, as untimely, without costs.
GARRY, J.P., LYNCH, DEVINE, MULVEY and RUMSEY, JJ., concur.