In re the Claim of Lubin

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 9, 1996, which, upon reconsideration, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as a platform conductor by the New York City Transit Authority when he was discharged for repeatedly striking a passenger on the hand with a flashlight, in violation of the employer’s rules that prohibit employees from striking passengers under any circumstances. The pas*756senger in question was an out-of-State tourist…