MATTER OF MOSS


39 A.D.3d 1057 (2007)

834 N.Y.S.2d 371

In the Matter of the Claim of MICHAEL MOSS, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 19, 2007.


Claimant was employed as a warehouse worker until he resigned in lieu of discharge after pulling a box cutter on his supervisor. The Unemployment Insurance Appeal Board denied his claim for unemployment insurance benefits on the ground that he was discharged for misconduct. Claimant now appeals.

We affirm. Substantial evidence supports the Board's decision. Violent or threatening behavior by an employee has been held to constitute disqualifying misconduct (see...

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