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IN RE: the Claim of Michael SAVIANO, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 10, 1996, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a porter after he threatened a security guard who worked in the same building. Claimant had previously been verbally reprimanded by his supervisor for engaging in a name-calling incident with the same guard and warned to stay away from this individual. The Unemployment Insurance Appeal Board ruled, inter alia, that claimant was disqualified from receiving benefits because he was terminated due to misconduct. We affirm. Threatening a co-worker (see, Matter of Teeter [Sweeney], 241 A.D.2d 689, 660 N.Y.S.2d 168, 169; Matter of Ambrosio [Hudacs], 199 A.D.2d 807, 608 N.Y.S.2d 120) and engaging in conduct which is detrimental to an employer's interest (see, Matter of Khan [Sweeney], 239 A.D.2d 651, 652, 657 N.Y.S.2d 218, 219) have been held to constitute disqualifying misconduct. Claimant's conduct here met both criteria. Inasmuch as substantial evidence supports the Board's decision, it is affirmed.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: November 20, 1997
Court: Supreme Court, Appellate Division, Third Department, New York.
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