In re the Claim of Allen

Weiss, J. P.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 25, 1989, which resettled the record for purposes of an appeal.*

The facts in the underlying unemployment insurance claim briefly are that claimant was terminated from his job as a park laborer for misconduct. An Administrative Law Judge (hereinafter ALJ) reversed the initial determination and ruled claimant ineligible for benefits because he lost his employment through misconduct. The Unemployment Insurance Appeal Board affirmed, finding that claimant’s threatening behavior (to harm his superior and…