Appellate Division of the Supreme Court of the State of New York September 28, 2006 (In re the Claim of Yastrzemski)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 2, 2005, which, inter alia, denied claimant’s application to reopen and reconsider a prior decision.

Claimant, a gardener for a landscaping company, complained to the employer that two coworkers were making comments about him to each other.