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MATTER OF CLAIM OF SHAFER

515559.

107 A.D.3d 1280 (2013)

967 N.Y.S.2d 521

2013 NY Slip Op 4671

In the Matter of the Claim of LORI A. SHAFER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 20, 2013.

Whether a claimant was discharged from employment due to disqualifying misconduct is a factual determination for the Unemployment Insurance Appeal Board to decide and its decision will be upheld if supported by substantial evidence (see Matter of Heppehamer [Commissioner of Labor], 67 A.D.3d 1283 [2009]). Insubordinate behavior, including rude, disrespectful and hostile conduct, has been held to be disqualifying misconduct, particularly...

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