MATTER OF IRIZARRI


45 A.D.3d 1149 (2007)

844 N.Y.S.2d 911

In the Matter of the Claim of ISRAEL IRIZARRI, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 21, 2007.


Claimant, a machine operator, worked for the employer for approximately two years before he was fired in June 2006 for arguing with and yelling and cursing at his supervisor. The Unemployment Insurance Appeal Board denied claimant's ensuing application for unemployment insurance benefits on the basis that he was discharged from his employment for misconduct. He now appeals.

An employee's contentious or threatening behavior in the workplace may constitute disqualifying...

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