MATTER OF CARABALLO


297 A.D.2d 856 (2002)

747 N.Y.S.2d 132

In the Matter of the Claim of WAGNER J. CARABALLO, Appellant. ROCHESTER PLATING WORKS, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided September 12, 2002.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, who worked in the employer's shipping and receiving department, was discharged for disqualifying misconduct. According to the record, claimant became annoyed when his supervisor informed him that he had neglected to pack a box that was to be picked up by a customer. Claimant responded by uttering an obscenity and stating, "I don't care." When the employer's operations...

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