IN RE: the Claim of Debbie J. MONTANYE

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

IN RE: the Claim of Debbie J. MONTANYE, Appellant. Commissioner of Labor, Respondent.

Decided: September 30, 2004

Before:  SPAIN, J.P., MUGGLIN, ROSE, LAHTINEN and KANE, JJ. Debbie J. Montanye, Accord, appellant pro se. Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 26, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct.

Claimant worked as a machine operator for the employer until she was terminated in February 2003.   Her termination followed a meeting at which she became loud and disruptive, and accused her superiors of lying.   Her claim for unemployment insurance benefits was denied on the ground that she lost her employment through misconduct and this determination was upheld by an Administrative Law Judge and later the Unemployment Insurance Appeal Board.   Claimant now appeals.

 We affirm.   It is well settled that an employee's insubordinate and disrespectful behavior toward a supervisor may constitute disqualifying misconduct (see Matter of Pagan [Commissioner of Labor], 305 A.D.2d 845, 758 N.Y.S.2d 561 [2003];  Matter of Puente [Commissioner of Labor], 270 A.D.2d 555, 555, 703 N.Y.S.2d 585 [2000], lv. dismissed 95 N.Y.2d 896, 716 N.Y.S.2d 35, 739 N.E.2d 291 [2000] ).   Claimant's supervisor testified to claimant's inappropriate and abusive comments during the meeting that culminated in the decision to discharge her.   There is nothing to suggest that claimant's filing of a prior sexual harassment complaint had anything to do with her termination.   Accordingly, we find no reason to disturb the Board's decision.

ORDERED that the decision is affirmed, without costs.

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