MATTER OF RODRIGUEZ


175 A.D.2d 974 (1991)

In the Matter of the Claim of David Rodriguez, Appellant. South Bronx Mental Health Council, Inc., Respondent; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

August 29, 1991


The evidence in the record supports the conclusion that claimant was insubordinate and exhibited abusive behavior to his immediate supervisor by yelling at her and causing her to be thrown against a wall. To the extent that claimant's version of the facts differs from that of the employer's witnesses, this presented a credibility question which was within the exclusive province of the Unemployment Insurance Appeal Board to resolve...

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