In re the Claim of Williams

Appellate Division of the Supreme Court of New York

In re the Claim of Williams

257 A.D.2d 839, 685 N.Y.S.2d 812, 1999 N.Y. App. Div. LEXIS 266

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

DecidedJanuary 14, 1999

StatusPublished

Cited by6 cases

This text of 257 A.D.2d 839 (In re the Claim of Williams) 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 Williams, 257 A.D.2d 839, 685 N.Y.S.2d 812, 1999 N.Y. App. Div. LEXIS 266 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 8, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as a school bus driver until he was discharged for fighting with a co-worker during working hours. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. Fighting with a co-worker, regardless of who initiated it, may constitute disqualifying misconduct (see, Matter of [840]*840Love [Commissioner of Labor], 249 AD2d 674; Matter of Perry [Sweeney], 222 AD2d 924). Here, the record indicates that there was a short verbal exchange before the altercation broke out. Moreover, claimant had been involved in a heated verbal exchange with the co-worker three days earlier and was advised by his manager to bring all further problems with the coworker to his attention. We find claimant’s remaining contentions to be unpersuasive.

Cardona, P. J., Crew III, Yesawich Jr., Spain and Carpinello, 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 8, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as a school bus driver until he was discharged for fighting with a co-worker during working hours. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. Fighting with a co-worker, regardless of who initiated it, may constitute disqualifying misconduct (see, Matter of [840]*840Love [Commissioner of Labor], 249 AD2d 674; Matter of Perry [Sweeney], 222 AD2d 924). Here, the record indicates that there was a short verbal exchange before the altercation broke out. Moreover, claimant had been involved in a heated verbal exchange with the co-worker three days earlier and was advised by his manager to bring all further problems with the coworker to his attention. We find claimant’s remaining contentions to be unpersuasive.

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

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Bluebook (online)

257 A.D.2d 839, 685 N.Y.S.2d 812, 1999 N.Y. App. Div. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-williams-nyappdiv-1999.

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