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Matter of Perry

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 1995
222 A.D.2d 924 (N.Y. App. Div. 1995)

Opinion

December 21, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant was discharged from her employment as a production worker as the result of a fight she had with a co-worker. Her application for unemployment insurance benefits was denied because she was terminated for misconduct. Claimant argues, inter alia, that she did not initiate the fight and that, therefore, this determination is not supported by substantial evidence. We disagree. Regardless of who initiated the fight, there is no dispute that it occurred during working hours and that claimant was a participant. In view of this, substantial evidence supports the Board's finding that claimant was terminated for misconduct. We have considered claimant's remaining contentions and find them to be without merit.

Mikoll, J.P., Crew III, Casey, Yesawich Jr., and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Perry

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 1995
222 A.D.2d 924 (N.Y. App. Div. 1995)
Case details for

Matter of Perry

Case Details

Full title:In the Matter of the Claim of LILLIAN G. PERRY, Appellant. JOHN E…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 21, 1995

Citations

222 A.D.2d 924 (N.Y. App. Div. 1995)
635 N.Y.S.2d 364

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