In re the Claim of Timmons, 191 A.D.2d 922 (N.Y. App. Div. 1993). · Go Syfert
In re the Claim of Timmons, 191 A.D.2d 922 (N.Y. App. Div. 1993). Cases Citing This Book View Copy Cite
9 citation events (5 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Schwenzfeier v. St. Peter's Health Partners
N.Y. App. Div. · 2023 · confidence medium
Co. , 191 AD2d 922, 924 [3d Dept 1993], lv dismissed 82 NY2d 706 [1993]).
cited Cited as authority (rule) Imrie v. Ratto
N.Y. App. Div. · 2022 · confidence medium
Co. , 191 AD2d 922, 923-924 [1993], lv dismissed 82 NY2d 706 [1993]).
cited Cited as authority (rule) Manculich v. Dependable Auto Sales & Service, Inc.
N.Y. App. Div. · 2007 · confidence medium
Co., 191 AD2d 922, 924 [1993], lv dismissed 82 NY2d 706 [1993]; see Mega Group v Halton, 290 AD2d 673, 675 [2002]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Forest T. Timmons, John F. Hudacs, as Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Mar 18, 1993.
191 A.D.2d 922
Cited by 1 opinion  |  Published

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 19, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was suspended from his job as a maintenance worker based on disciplinary charges filed against him. After a hearing, an arbitrator found that claimant had forcibly taken his and other employees’ paychecks from his supervisor and that he had invited the latter outside to settle their differences. Claimant was thereafter discharged. The Unemployment Insurance Appeal Board and this Court are bound by the arbitrator’s factual findings regarding claimant’s conduct (see, Matter of Guimarales [New York City Bd. of Educ.— Roberts], 68 NY2d 989). The Board’s conclusion that claimant’s actions constituted misconduct, thus disqualifying him from receiving unemployment insurance benefits, has a rational basis and accordingly must be upheld (see, supra; see also, Matter of Levick [Ross], 53 AD2d 950, appeal dismissed 42 NY2d 909, lv denied 42 NY2d 811). Claimant’s remaining contentions have been considered and rejected as unpersuasive.

Weiss, P. J., Mikoll, Levine, Mercure and Mahoney, JJ., concur. Ordered that the decision is affirmed, without costs.