In re the Claim of Caldwell

Appellate Division of the Supreme Court of New York

In re the Claim of Caldwell

306 A.D.2d 672, 759 N.Y.S.2d 918, 2003 N.Y. App. Div. LEXIS 6631

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 12, 2003

StatusPublished

This text of 306 A.D.2d 672 (In re the Claim of Caldwell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Caldwell, 306 A.D.2d 672, 759 N.Y.S.2d 918, 2003 N.Y. App. Div. LEXIS 6631 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 18, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was discharged from her employment by the United States Postal Service after she punched a coworker with her fist. The Unemployment Insurance Appeal Board found that claimant was disqualified from receiving unemployment insurance benefits on the ground that she had lost her employment due to misconduct. It is well settled that perpetrating a physical assault during work hours may constitute disqualifying misconduct regardless of who initiated the confrontation (see Matter of Labayen [Commissioner of Labor], 301 AD2d 1014 [2003]; Matter of McCray [Commissioner of Labor], 301 AD2d 1010 [2003], lv denied 100 NY2d 502 [2003]). Notwithstanding claimant’s mitigating explanations, substantial evidence supports the Board’s decision (see Matter of Wray [Commissioner of Labor], 268 AD2d 731 [2000]).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 18, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was discharged from her employment by the United States Postal Service after she punched a coworker with her fist. The Unemployment Insurance Appeal Board found that claimant was disqualified from receiving unemployment insurance benefits on the ground that she had lost her employment due to misconduct. It is well settled that perpetrating a physical assault during work hours may constitute disqualifying misconduct regardless of who initiated the confrontation (see Matter of Labayen [Commissioner of Labor], 301 AD2d 1014 [2003]; Matter of McCray [Commissioner of Labor], 301 AD2d 1010 [2003], lv denied 100 NY2d 502 [2003]). Notwithstanding claimant’s mitigating explanations, substantial evidence supports the Board’s decision (see Matter of Wray [Commissioner of Labor], 268 AD2d 731 [2000]).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.

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306 A.D.2d 672, 759 N.Y.S.2d 918, 2003 N.Y. App. Div. LEXIS 6631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-caldwell-nyappdiv-2003.

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