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Matter of Vega

Appellate Division of the Supreme Court of New York, Third Department
Dec 6, 1990
168 A.D.2d 727 (N.Y. App. Div. 1990)

Opinion

December 6, 1990

Appeal from the Unemployment Insurance Appeal Board.


Although claimant does not remember making the telephone call wherein he used abusive language to his supervisor's wife and threatened his supervisor, claimant's own testimony and his admission in his brief that he made "one unfortunate call" supports the conclusion that he did make the call. Also, while he argues to the contrary, claimant knew from his suspension notice that any such conduct could result in his termination; as such, the determination that this constituted misconduct warranting claimant's disqualification from receiving unemployment insurance benefits is supported by substantial evidence (see, Matter of Levick [Ross], 53 A.D.2d 950, appeal dismissed 42 N.Y.2d 909, lv denied 42 N.Y.2d 811; cf., Matter of Marquez [Roberts], 107 A.D.2d 959, 960). In addition, the record fails to support claimant's contention that the lack of an interpreter denied him due process (see, Matter of Rosado [Levine], 49 A.D.2d 782) and, in fact, it is clear from claimant's testimony that he understood why he was terminated.

Decision affirmed, without costs. Kane, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.


Summaries of

Matter of Vega

Appellate Division of the Supreme Court of New York, Third Department
Dec 6, 1990
168 A.D.2d 727 (N.Y. App. Div. 1990)
Case details for

Matter of Vega

Case Details

Full title:In the Matter of the Claim of JUSTINO VEGA, Appellant. THOMAS F. HARTNETT…

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

Date published: Dec 6, 1990

Citations

168 A.D.2d 727 (N.Y. App. Div. 1990)

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