MATTER OF HORSFORD


64 A.D.3d 1062 (2009)

883 N.Y.S.2d 633

In the Matter of the Claim of SHEILA A. HORSFORD, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided July 23, 2009.


Claimant worked as a caterer in a delicatessen for approximately eight months. She was discharged by her employer after allegedly directing profanity at him in the presence of other employees. Although her application for unemployment insurance benefits was initially denied, an Administrative Law Judge credited claimant's testimony over that of her employer and awarded her benefits following a hearing. Upon review, the Unemployment Insurance Appeal Board reversed and ruled...

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