MATTER OF GUERRIERO


170 A.D.2d 873 (1991)

In the Matter of the Claim of Dorothy C. Guerriero, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 21, 1991


The evidence supports the conclusion that claimant was insubordinate in refusing to accompany her sales manager to the personnel office and by pushing and scratching the manager's face. The record also establishes that claimant was belligerent to the manager. While claimant denied that she was verbally or physically abusive to her manager, this created only a question of credibility which was within the exclusive province of the Unemployment Insurance Appeal Board to resolve...

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