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Matter of Depena

Appellate Division of the Supreme Court of New York, Third Department
Apr 2, 1998
249 A.D.2d 611 (N.Y. App. Div. 1998)

Opinion

April 2, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as the supervisor of a work crew by New York Restoration, a government-funded agency engaged in the restoration of public parks. Evidence presented at claimant's administrative hearing disclosed that he had become resentful when his paycheck was garnished to pay amounts he owed in child support. Blaming the employer for this perceived inequity, claimant's job performance suffered. Although warned to desist, claimant repeatedly failed to complete job assignments, disrupted the work of his fellow employees and, finally, threw his paycheck in the face of his supervisor. The Unemployment Insurance Appeal Board ruled that claimant had lost his employment under disqualifying circumstances. We affirm. Employee behavior that is detrimental to the employer's interest and that persists despite repeated warnings has been construed as disqualifying misconduct (see, Matter of McEnany [Sweeney], 216 A.D.2d 623, lv denied 86 N.Y.2d 707; Matter of Smalling [Hartnett], 173 A.D.2d 1035). We conclude that substantial evidence supports the ruling finding claimant guilty of disqualifying misconduct.

Cardona, P.J., Mikoll, Mercure, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Depena

Appellate Division of the Supreme Court of New York, Third Department
Apr 2, 1998
249 A.D.2d 611 (N.Y. App. Div. 1998)
Case details for

Matter of Depena

Case Details

Full title:In the Matter of the Claim of ANGEL M. DEPENA, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 2, 1998

Citations

249 A.D.2d 611 (N.Y. App. Div. 1998)
670 N.Y.S.2d 630

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