IN RE: the Claim of Angel M. DEPENA (1998)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 15, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as the supervisor of a work crew by New York Restoration, a government-funded agency engaged in the restoration of public parks.   Evidence presented at claimant's administrative hearing disclosed that he had became resentful when his paycheck was garnished to pay amounts he owed in child support.   Blaming the employer for this perceived inequity, claimant's job performance suffered.   Although warned to desist, claimant repeatedly failed to complete job assignments, disrupted the work of his fellow employees and, finally, threw his paycheck in the face of his supervisor.   The Unemployment Insurance Appeal Board ruled that claimant had lost his employment under disqualifying circumstances.   We affirm.   Employee behavior that is detrimental to the employer's interest and that persists despite repeated warnings has been construed as disqualifying misconduct (see, Matter of McEnany [Sweeney], 216 A.D.2d 623, 627 N.Y.S.2d 178, lv. denied 86 N.Y.2d 707, 634 N.Y.S.2d 441, 658 N.E.2d 219;  Matter of Smalling [Hartnett], 173 A.D.2d 1035, 570 N.Y.S.2d 372).   We conclude that substantial evidence supports the ruling finding claimant guilty of disqualifying misconduct.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.