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IN RE: the Claim of Jaime D. QUINONES, Appellant. Tops Markets Inc., Respondent. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 28, 1997, which, upon reconsideration, adhered to its prior decision ruling 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 baker for, inter alia, threatening a co-worker. Claimant challenges the decision of the Unemployment Insurance Appeal Board finding that he lost his employment under disqualifying circumstances. We affirm. Threatening a co-worker has been held to constitute disqualifying misconduct (see, Matter of Saviano [Sweeney], 244 A.D.2d 743, 664 N.Y.S.2d 673). Based on the testimony in the record, we find that the Board's decision is supported by substantial evidence. While claimant denied that he had uttered any threats, it was for the Board to resolve any issues of credibility (see, Matter of Ambrosio [Hudacs], 199 A.D.2d 807, 608 N.Y.S.2d 120). Claimant's remaining contentions have been reviewed and found to be without merit.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: June 04, 1998
Court: Supreme Court, Appellate Division, Third Department, New York.
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