IN RE: the Claim of Roseanne PETROCELLI (2000)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 22, 1999, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

 Claimant was discharged from her employment as a bookkeeper after she threatened to “get” a co-worker and “punch [her] teeth out”.   The record indicates that claimant was reprimanded earlier that day for harassing the same co-worker and was admonished to refrain from such conduct.   Substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant lost her unemployment under disqualifying circumstances.   Threatening or harassing behavior toward a co-worker that continues despite warnings by the employer constitutes disqualifying misconduct (see, Matter of Crumel [Commissioner of Labor], 258 A.D.2d 803, 685 N.Y.S.2d 493;  Matter of Hirschfeld [Commissioner of Labor], 256 A.D.2d 710, 681 N.Y.S.2d 619;  Matter of Matolka [Commissioner of Labor], 252 A.D.2d 697, 675 N.Y.S.2d 414).   Although claimant offered a differing version of the events that allegedly precipitated her discharge, this created a credibility issue for the Board to resolve (see, Matter of Germain [Commissioner of Labor], 252 A.D.2d 708, 709, 708 N.Y.S.2d 646, 647;  Matter of Valentin [Commissioner of Labor], 252 A.D.2d 620, 621, 675 N.Y.S.2d 216).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.