Legal Opinion
In re the Claim of Rahaman
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2012Published
1Opinion of the Court
*1207Initially, whether a claimant has engaged in disqualifying misconduct is a factual issue for the Board to resolve and its decision will not be disturbed if supported by substantial evidence (see Matter of Samuels [Rubin — Commissioner of Labor], 95 AD3d 1566, 1566 [2012]; Matter of Marc [League Treatment Ctr. & Joan Fenichel Therapeutic Nursery — Commissioner of Labor], 93 AD3d 991, 991 [2012]). Significantly, “not every mistake, exercise of poor judgment or discharge for cause will rise to the level of misconduct” (Matter of Bush [St. Luke’s Cornwall Hosp. — Commissioner of Labor], 60 AD3d…
2Cases cited6 opinions
- In re the Claim of IronsAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Claim of BushAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Claim of PfohlAppellate Division of the Supreme Court of the State of New York · 2004
- In re the Claim of WrzesinskiAppellate Division of the Supreme Court of the State of New York · 1987
- In re the Claim of McKoyAppellate Division of the Supreme Court of the State of New York · 2006
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