In re the Claim of Perez

Appellate Division of the Supreme Court of New York

In re the Claim of Perez

284 A.D.2d 705, 726 N.Y.S.2d 764, 2001 N.Y. App. Div. LEXIS 6204

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

DecidedJune 14, 2001

StatusPublished

Cited by1 cases

This text of 284 A.D.2d 705 (In re the Claim of Perez) 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 Perez, 284 A.D.2d 705, 726 N.Y.S.2d 764, 2001 N.Y. App. Div. LEXIS 6204 (N.Y. Ct. App. 2001).

Pincite

Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 29, 2000, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a carpen[706]*706ter’s assistant because he fought with a co-worker. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Fighting with a co-worker, regardless of who is the instigator, may be held to constitute disqualifying misconduct (see, Matter of Abbondanzo [Commissioner of Labor], 275 AD2d 850; Matter of Benton [Avon Injected Rubber & Plastics — Commissioner of Labor], 268 AD2d 936). Claimant’s assertion that he acted appropriately under the circumstances presented a credibility issue for resolution by the Board (see, Matter of Benton [Avon Injected Rubber & Plastics— Commissioner of Labor], supra).

Cardona, P. J., Crew III, Spain, Carpinello and Rose, 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 September 29, 2000, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a carpen[706]*706ter’s assistant because he fought with a co-worker. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Fighting with a co-worker, regardless of who is the instigator, may be held to constitute disqualifying misconduct (see, Matter of Abbondanzo [Commissioner of Labor], 275 AD2d 850; Matter of Benton [Avon Injected Rubber & Plastics — Commissioner of Labor], 268 AD2d 936). Claimant’s assertion that he acted appropriately under the circumstances presented a credibility issue for resolution by the Board (see, Matter of Benton [Avon Injected Rubber & Plastics— Commissioner of Labor], supra).

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

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Bluebook (online)

284 A.D.2d 705, 726 N.Y.S.2d 764, 2001 N.Y. App. Div. LEXIS 6204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-perez-nyappdiv-2001.

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