Opinion
May 7, 1998
Appeal from the Unemployment Insurance Appeal Board.
Following an arbitration hearing held pursuant to Civil Service Law § 75 Civ. Serv., claimant was discharged from his employment as a toll collector for being discourteous to customers. We find no error in the Board's determination to give "collateral estoppel effect to the factual findings of the arbitrator inasmuch as claimant was given a full and fair opportunity to litigate the issue of his misconduct at the arbitration hearing" ( Matter of Carter [New York City Dept. of Personnel — Sweeney], 242 A.D.2d 777, 778). Given the arbitrator's finding that claimant was rude to a customer despite prior warnings to refrain from such inappropriate behavior, substantial evidence supports the Board's finding that claimant was disqualified from receiving unemployment insurance benefits ( see, Matter of Inman [Sweeney], 241 A.D.2d 619). Claimant's remaining contentions have been examined and found to be lacking in merit.
Mercure, J.P., Crew III, Yesawich Jr., Carpinello and Graffeo, JJ., concur.
Ordered that the decision is affirmed, without costs.