MATTER OF CLARK v. COMMISSIONER OF LABOR

524102.

2017 NY Slip Op 06127

In the Matter of the Claim of CUUDOES C. CLARK, Appellant. COMMISSIONER OF LABOR, Respondent.

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


Attorney(s) appearing for the Case

Cuudoes C. Clark, Haverstraw, appellant pro se.

Eric T. Schneiderman , Attorney General, New York City ( Mary Hughes of counsel), for respondent.

Before: Garry, J.P., Lynch, Devine, Mulvey and Rumsey, JJ.


Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 27, 2016, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

MEMORANDUM AND ORDER

Claimant was discharged from her employment as a customer service representative in the collections department of an automotive financing company after a confrontation with her supervisor. The Unemployment Insurance Appeal Board, by decision filed May 27, 2016, ruled that claimant was disqualified from receiving unemployment insurance benefits because she engaged in disqualifying misconduct. Claimant appeals.

The record establishes that claimant's appeal was filed more than 30 days after the Board's decision was mailed. Accordingly, claimant's appeal is untimely and must be dismissed (see Labor Law § 624; Matter of Perrone [Commissioner of Labor], 66 A.D.3d 1091, 1091 [2009]). In any event, were we to reach the merits, substantial evidence supports the Board's decision that claimant's conduct of engaging in protracted offensive conduct toward her supervisor, that included yelling, cursing and physical contact, amounted to insubordination (see Matter of Parker [Commissioner of Labor], 67 A.D.3d 1235, 1236 [2009]).

Garry, J.P., Lynch, Devine, Mulvey and Rumsey, JJ., concur.

ORDERED that the appeal is dismissed, as untimely, without costs.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases