IN RE: the Claim of Allah Calib ALLAH (1999)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 26, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

 Claimant was employed as a cleaner for a janitorial services company until he was discharged for twice calling a supervisor an obscene and vulgar name after being told he could not have his paycheck early.   In our view, substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant was disqualified from receiving benefits.   The issue of whether a claimant was discharged for disqualifying misconduct is a question of fact for the Board to resolve (see, Matter of Pullum [Sweeney], 224 A.D.2d 897, 638 N.Y.S.2d 232).   Notably, “[t]he use of vulgar language and disrespectful conduct toward supervisors [can] constitute[ ] disqualifying misconduct” (Matter of Stagno [Sweeney], 239 A.D.2d 766, 767, 657 N.Y.S.2d 480).   Although claimant had not previously been disciplined at work, the Board specifically noted that the record contained “little in the way of provocation or extenuating circumstances to excuse the insubordination”.   Under the circumstances, we find no reason to disturb the Board's decision.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.