In re the Claim of Major

Appellate Division of the Supreme Court of New York

In re the Claim of Major

50 A.D.2d 1027, 377 N.Y.S.2d 287, 1975 N.Y. App. Div. LEXIS 12021

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

DecidedDecember 23, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 1027 (In re the Claim of Major) 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 Major, 50 A.D.2d 1027, 377 N.Y.S.2d 287, 1975 N.Y. App. Div. LEXIS 12021 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 25, 1974, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective March 23, 1974 because he lost his employment through misconduct in connection therewith. Claimant does not dispute his awareness of his former employer’s rule against altercations - among employees regardless of provocation, but contends that he did not strike a coemployee as was found by the board to have been the cause for his discharge. His argument is wholly unpersuasive. Substantial evidence supports this finding as it was based upon admissions, eyewitness testimony and circumstantial proof to the effect that claimant, during an argument with a coemployee, struck him with his fist. The injured worker’s later account that he slipped and fell was properly rejected on the basis of his credibility and the board’s conclusion that claimant’s conduct rose to the' level of misconduct is amply justified (Matter of James [Levine], 34 NY2d 491; Matter of Errea [Levine], 50 AD2d 626). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 25, 1974, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective March 23, 1974 because he lost his employment through misconduct in connection therewith. Claimant does not dispute his awareness of his former employer’s rule against altercations - among employees regardless of provocation, but contends that he did not strike a coemployee as was found by the board to have been the cause for his discharge. His argument is wholly unpersuasive. Substantial evidence supports this finding as it was based upon admissions, eyewitness testimony and circumstantial proof to the effect that claimant, during an argument with a coemployee, struck him with his fist. The injured worker’s later account that he slipped and fell was properly rejected on the basis of his credibility and the board’s conclusion that claimant’s conduct rose to the' level of misconduct is amply justified (Matter of James [Levine], 34 NY2d 491; Matter of Errea [Levine], 50 AD2d 626). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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Bluebook (online)

50 A.D.2d 1027, 377 N.Y.S.2d 287, 1975 N.Y. App. Div. LEXIS 12021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-major-nyappdiv-1975.

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