Legal Opinion

In re the Claim of McCray

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

Decided January 30, 2003PublishedCited by 4 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 26, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

*1011Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment as a security guard due to disqualifying misconduct for fighting on the job with a coworker. Fighting with a coworker at work, regardless of who initiates the altercation, can constitute disqualifying misconduct (see Matter of Romano…

2Cases cited3 opinions

  1. In re the Claim of RomanoAppellate Division of the Supreme Court of the State of New York · 2002
  2. In re the Claim of BentonAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re the Claim of PerezAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by4 opinions

  1. In re the Claim of McGloinAppellate Division of the Supreme Court of the State of New York · 2004
  2. In re the Claim of LiebmanAppellate Division of the Supreme Court of the State of New York · 2005
  3. In re the Claim of CedenoAppellate Division of the Supreme Court of the State of New York · 2004
  4. In re the Claim of CaldwellAppellate Division of the Supreme Court of the State of New York · 2003

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