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In the Matter of the Claim of CHINA COOPER, Appellant. NEW YORK APPLE TOURS INC., Respondent. COMMISSIONER OF LABOR, Respondent.

MEMORANDUM AND ORDER

Claimant challenges a decision of the Unemployment Insurance Appeal Board finding that she was terminated from her employment as a tour guide for a New York City bus company under disqualifying circumstances. We affirm. The record reveals numerous complaints from both customers and co-workers regarding claimant's obnoxious and rude behavior and establishes that claimant disregarded numerous warnings from the employer to correct her inappropriate behavior. Under these circumstances, we find substantial evidence to support the Board's conclusion that claimant engaged in disqualifying misconduct (see, Matter of Inman [Sweeney], 241 A.D.2d 619; Matter of Teran [Hudacs], 198 A.D.2d 595, 596). Although claimant denied acting in an offensive manner, this presented a credibility issue for the Board to resolve (see, Matter of Pasquarosa [Euro Brokers — Commissioner of Labor], 260 A.D.2d 903, 904).

ORDERED that the decision is affirmed, without costs.

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MATTER OF CLAIM OF COOPER
(Oct 26, 2000)