In re Wright
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1199The same conduct that leads to a claimant being discharged for cause may not necessarily rise to the level of misconduct for unemployment insurance purposes (see Matter of Irons [TLC W., LLC — Commissioner of Labor], 79 AD3d 1511, 1512 [2010]; Matter of Spierto [Commissioner of Labor], 78 AD3d 1365, 1365 [2010]; Matter of Dunham [Commissioner of Labor], 68 AD3d 1328, 1329 [2009]). “[Wlhether a claimant’s behavior has risen to the level of disqualifying misconduct is a factual question for the Board to resolve and its decision will not be disturbed if supported by substantial evidence” (Matter…
2Cases cited4 opinions
- In re the Claim of IronsAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Claim of DunhamAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Claim of PittsAppellate Division of the Supreme Court of the State of New York · 2003
- In re SpiertoAppellate Division of the Supreme Court of the State of New York · 2010