Legal Opinion

In re the Claim of Smalling

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1991PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 15, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

The evidence establishes that claimant crumpled up a page of a file that had been requested by her supervisor and left it on his desk. She had previously been warned as to her attitude. The record also supports the conclusion that her behavior was disruptive; her action was seen by other employees who also witnessed her utterance of a profanity when asked the…

2Cases cited2 opinions

  1. In re the Claim of PadillaAppellate Division of the Supreme Court of the State of New York · 1985
  2. In re the Claim of ValentinAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by1 opinion

  1. In re the Claim of DepenaAppellate Division of the Supreme Court of the State of New York · 1998

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