IN RE: the Claim of Michael MOSS

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Michael MOSS, Appellant. Commissioner of Labor, Respondent.

Decided: April 19, 2007

Before:  PETERS, J.P., SPAIN, CARPINELLO, MUGGLIN and ROSE, JJ. Michael Moss, New York City, appellant pro se. Andrew M. Cuomo, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 7, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as a warehouse worker until he resigned in lieu of discharge after pulling a box cutter on his supervisor.   The Unemployment Insurance Appeal Board denied his claim for unemployment insurance benefits on the ground that he was discharged for misconduct.   Claimant now appeals.

We affirm.   Substantial evidence supports the Board's decision.   Violent or threatening behavior by an employee has been held to constitute disqualifying misconduct (see Matter of Eisenstadt [Commissioner of Labor], 10 A.D.3d 764, 765, 781 N.Y.S.2d 548 [2004];  Matter of Allen [Commissioner of Labor], 5 A.D.3d 845, 846, 772 N.Y.S.2d 638 [2004];  Matter of Santana [Commissioner of Labor], 263 A.D.2d 564, 693 N.Y.S.2d 270 [1999] ).   Claimant's assertion that he did not pull the box cutter on his supervisor presented a credibility issue for the Board to resolve (see Matter of Mears [Commissioner of Labor], 308 A.D.2d 627, 627, 764 N.Y.S.2d 228 [2003] ).

ORDERED that the decision is affirmed, without costs.

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