From Casetext: Smarter Legal Research

Matter of Severino

Appellate Division of the Supreme Court of New York, Third Department
Feb 7, 1991
170 A.D.2d 739 (N.Y. App. Div. 1991)

Opinion

February 7, 1991

Appeal from the Unemployment Insurance Appeal Board.


The evidence established that claimant refused to cooperate with a reasonable request by his supervisor to discuss a particular project and that he exhibited abusive behavior toward his supervisor. Under these circumstances, and given that claimant had been previously placed on probation for three months due to insufficiency in his work performance, the conclusion that claimant lost his employment due to misconduct was supported by substantial evidence (see, Matter of Valentin [American Museum of Natural History — Roberts], 103 A.D.2d 919; Matter of Centineo [Levine], 53 A.D.2d 759).

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


Summaries of

Matter of Severino

Appellate Division of the Supreme Court of New York, Third Department
Feb 7, 1991
170 A.D.2d 739 (N.Y. App. Div. 1991)
Case details for

Matter of Severino

Case Details

Full title:In the Matter of the Claim of RICHARD P. SEVERINO, Appellant. THOMAS F…

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

Date published: Feb 7, 1991

Citations

170 A.D.2d 739 (N.Y. App. Div. 1991)
565 N.Y.S.2d 327

Citing Cases

Matter of Shkedy

The employer's president testified that claimant offered no excuse for leaving. Although claimant maintains…