Legal Opinion

In re the Claim of Nicolas

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

Decided October 15, 1998PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 6, 1997, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant, a home attendant, was arguing with an elderly client when a neighbor who heard the commotion knocked on the door. After claimant opened the door, she and the neighbor engaged in a physical altercation wherein claimant shoved the neighbor into the client, causing them both to fall. Claimant was…

2Cases cited2 opinions

  1. In re the Claim of PerryAppellate Division of the Supreme Court of the State of New York · 1995
  2. In re the Claim of GrahamAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by1 opinion

  1. In re the Claim of WrayAppellate Division of the Supreme Court of the State of New York · 2000

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