Legal Opinion

In re the Claim of Warnock

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

Decided May 14, 1992PublishedCited by 3 opinions

1Opinion of the Court

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 28, 1991, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant’s termination occurred after he had an altercation with another physical education instructor. Testimony by eyewitnesses to this disagreement revealed, among other things, that no threats were made by claimant and there was no physical contact between the two. In addition, it was claimant’s co-worker who became angry and whose voice was raised. Whether a claimant is guilty of misconduct is a factual issue for…

2Cases cited2 opinions

  1. In re the Claim of PadillaAppellate Division of the Supreme Court of the State of New York · 1985
  2. In re Claim of ArroyoAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by3 opinions

  1. In re the Claim of BukowskiAppellate Division of the Supreme Court of the State of New York · 1996
  2. In re the Claim of SantaAppellate Division of the Supreme Court of the State of New York · 1997
  3. In re the Claim of CarlosAppellate Division of the Supreme Court of the State of New York · 1996

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