MATTER OF MESAGNA


59 A.D.3d 801 (2009)

873 N.Y.S.2d 762

In the Matter of the Claim of RONALD MESAGNA, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 11, 2009.


Claimant, a superintendent at an apartment complex, was discharged in February 2007 after he was arrested in connection with an incident wherein he threatened a tenant with a baseball bat. The Unemployment Insurance Appeal Board ultimately ruled that claimant was disqualified from receiving unemployment insurance benefits because he had lost his employment as a result of misconduct. This appeal by claimant ensued.

We affirm. "An employee's contentious or threatening...

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