In re the Claim of Abbondanzo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 13, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment after fighting with a co-worker during business hours. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant engaged in disqualifying misconduct. Fighting with a co-worker, regardless of who initiates it, has been held to constitute disqualifying misconduct (see, Matter of…
2Cases cited2 opinions
- In re the Claim of BentonAppellate Division of the Supreme Court of the State of New York · 2000
- In the Claim of KahnAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- In re the Claim of LabayenAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Claim of PerezAppellate Division of the Supreme Court of the State of New York · 2001