Legal Opinion

In re the Claim of Graham

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

Decided April 22, 2004Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 23, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

*961Claimant was discharged from her employment as a dietary aide for a hospital after engaging in a disruptive verbal exchange with a coworker which consisted of the use of sexually explicit and vulgar language. Claimant, who had received a prior suspension for insubordination, ignored three warnings from the supervisor to stop. Although claimant admits to being an…

2Cases cited3 opinions

  1. In re the Claim of FrancisNew York Court of Appeals · 1982
  2. In re the Claim of FinnAppellate Division of the Supreme Court of the State of New York · 2003
  3. In re the Claim of CremeensAppellate Division of the Supreme Court of the State of New York · 2001

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