In re the Claim of Dunleavy

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 16, 1990, which, upon reconsideration, rescinded its prior decision and ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant lost his employment due to misconduct because he made harassing sexual and racial comments to female coworkers (see, Matter of Levick [Ross], 53 AD2d 950, appeal dismissed 42 NY2d…