In re the Claim of Agran, 54 A.D.3d 479 (N.Y. App. Div. 2008). · Go Syfert
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In re the Claim of Agran, 54 A.D.3d 479 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Mykhaskiv (Commr. of Labor) (nyappdiv, 2016-06-30)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Mykhaskiv (Commr. of Labor)
N.Y. App. Div. · 2016 · confidence medium
To that end, given that insubordinate behavior has been held to constitute disqualifying misconduct, substantial evidence supports the Board's finding that claimant, who had previously been warned about complying with the employer's directives, was disqualified from receiving unemployment insurance benefits (see Matter of Morales [Commissioner of Labor], 70 AD3d 1271, 1272 [2010], lv denied 14 NY3d 711 [2010]; Matter of Agran [Commissioner of Labor], 54 AD3d 479, 480 [2008]; Matter of Sona [Commissioner of Labor], 13 AD3d at 800 ).
discussed Cited as authority (rule) In re the Claim of Mykhaskiv
N.Y. App. Div. · 2016 · confidence medium
To that end, given that insubordinate behavior has been held to constitute disqualifying misconduct, substantial evidence supports the Board’s finding that claimant, who had previously been warned about complying with the employer’s directives, was disqualified from receiving unemployment insurance benefits (see Matter of Morales [Commissioner of Labor], 70 AD3d 1271, 1272 [2010], lv denied 14 NY3d 711 [2010]; Matter of Agran [Commissioner of Labor], 54 AD3d 479, 480 [2008]; Matter of Sona [Commissioner of Labor], 13 AD3d at 800 ).
discussed Cited as authority (rule) In re Morales
N.Y. App. Div. · 2010 · confidence medium
Furthermore, the record establishes that the Board drew its own conclusion that claimant’s disrespectful and insubordinate behavior constituted disqualifying misconduct (see Matter of Davis [Commissioner of Labor], 64 AD3d 1057, 1058 [2009], lv denied 14 NY3d 703 [2010]; Matter of Agran [Commissioner of Labor], 54 AD3d 479, 480 [2008]).
discussed Cited as authority (rule) In re the Claim of Davis
N.Y. App. Div. · 2009 · confidence medium
The Board drew its own conclusion that such behavior, which largely involved disrespectful conduct, constituted misconduct disqualifying claimant from receiving unemployment insurance benefits (see Matter of Agran [Commissioner of Labor], 54 AD3d 479, 480 [2008]; Matter of Sona [Commissioner of Labor], 13 AD3d at 800 ).
examined Cited "see" Matusick v. Erie County Water Authority (3×) also: Cited "see, e.g."
2d Cir. · 2014 · signal: see · confidence high
See In re Agran, 54 A.D.3d at 479-80 , 863 N.Y.S2d. at 295. .
examined Cited "see" Matusick v. Erie Cnty. Water Auth. (3×) also: Cited "see, e.g."
2d Cir. · 2014 · signal: see · confidence high
See In re Agran, 54 A.D.3d at 479‐80, 83 N.Y.S. at 295. 28 As an initial matter, the district court correctly concluded that the hearing officerʹs determination that Matusick had engaged in the charged conduct, and that these violations called for his termination, does not preclude a jury from later finding that Matusick was also terminated at least in part because of his relationship with Starks.
examined Cited "see" Matusick v. Erie Cnty. Water Auth. (3×) also: Cited "see, e.g."
2d Cir. · 2014 · signal: see · confidence high
See In re Agran, 54 A.D.3d at 479‐80, 83 N.Y.S. at 295. 30 impermissible basis must demonstrate (1) that he is a member of the class protected by the statute; (2) that he was qualified for the position; (3) that he experienced an adverse employment action; and (4) that this adverse employment action occurred under circumstances giving rise to an inference of discrimination.
examined Cited "see" Matusick v. Erie County Water Authority (4×) also: Cited "see, e.g."
2d Cir. · 2014 · signal: see · confidence high
See In re Agran, 54 A.D.3d at 479-80 , 863 N.Y.S.2d at 295 . .
discussed Cited "see" In re the Claim of Auguste
N.Y. App. Div. · 2009 · signal: see · confidence high
“Disruptive, rude or insubordinate behavior has been held to constitute disqualifying misconduct” (Matter of Musac [Commissioner of Labor], 50 AD3d 1428, 1428 [2008] [citations omitted]; see Matter of Agran [Commissioner of Labor], 54 AD3d 479, 480 [2008]; Matter of Haungs [Commissioner of Labor], 51 AD3d 1352 [2008])—particularly where, as here, a claimant previously has been counseled regarding similar behavior (see Matter of Riley [Commissioner of Labor], 51 AD3d 1307, 1308 [2008]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Matilda Agran, Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Aug 7, 2008.
54 A.D.3d 479
Cited by 9 opinions  |  Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 24, 2007, which ruled, among other things, that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Following a disciplinary hearing pursuant to Civil Service Law § 75, the City of New York terminated claimant’s employment for insubordination. The Unemployment Insurance Appeal Board subsequently disqualified her from receiving unemployment insurance benefits on the basis that her employment was terminated due to misconduct. Claimant appeals.

Although claimant elected not to appear at the disciplinary hearing, she nonetheless had a full and fair opportunity to be heard and witnesses were presented at the hearing on the issue of her insubordination. Therefore, the Board properly accorded[*480] collateral estoppel effect to the Hearing Officer’s relevant factual findings (see Matter of Sona [Commissioner of Labor], 13 AD3d 799, 799 [2004]; Matter of Dimps [New York City Human Resources Admin.—Commissioner of Labor], 274 AD2d 625, 626 [2000]). To the extent that claimant implies that the Hearing Officer’s factual findings were not properly adopted by the Commissioner of the Human Resources Administration of the City of New York, we find nothing in the record indicating that they were ever invalidated, overturned or otherwise set aside. After the Administrative Law Judge credited the factual findings, the Board properly reached its own conclusion that claimant’s behavior amounted to misconduct disqualifying her from receiving unemployment insurance benefits (see Matter of Wachtmeister [Commissioner of Labor], 270 AD2d 556, 557 [2000]). Inasmuch as insubordinate behavior has been held to constitute disqualifying misconduct (see Matter of Coon [Commissioner of Labor], 43 AD3d 1225,1225 [2007]), we find no reason to disturb the Board’s decision.

Cardona, EJ., Peters, Spain, Rose and Malone Jr., JJ., concur. Ordered that the decision is affirmed, without costs.