Legal Opinion
In re the Claim of Smith
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 2000PublishedCited by 4 opinions
1Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 16, 1999, which ruled that claimant was entitled to receive unemployment insurance benefits.
Claimant was discharged from his employment as a stock chaser for allegedly assaulting a co-worker. Following a hearing, an Administrative Law Judge overruled the initial determination and ruled that claimant did not engage in disqualifying misconduct because he did not initiate the altercation and responded only to defend himself. The Unemployment Insurance Appeal Board affirmed this decision finding that claimant was…
2Cases cited4 opinions
- In re the Claim of PadillaAppellate Division of the Supreme Court of the State of New York · 1985
- In re the Claim of LoveAppellate Division of the Supreme Court of the State of New York · 1998
- In re the Claim of WhiteAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Claim of BerryAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by4 opinions
- In re the Claim of PetersonAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Claim of BrennanAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Claim of ChiricoAppellate Division of the Supreme Court of the State of New York · 2016
- In re the Claim of ChiricoAppellate Division of the Supreme Court of the State of New York · 2016