Opinion
November 13, 1997
Appeal from the Unemployment Insurance Appeal Board.
Claimant was employed as a mail handler by the U.S. Postal Service until he was discharged for engaging in a fist fight with another employee. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits. Substantial evidence supports this decision. Offensive behavior in the work place, including engaging in assaultive conduct toward co-workers, has been found to constitute disqualifying misconduct ( see, Matter of Perry [Sweeney], 222 A.D.2d 924; Matter of Redjepi [Hudacs], 210 A.D.2d 727, 728) as has the knowing violation of the employer's rules or policy ( see, Matter of Novellano [Sweeney], 216 A.D.2d 655), here, a provision in the U.S. Postal Service Code of Ethical Conduct which provides that employees are to conduct themselves in a manner that "reflects favorably upon the Postal Service". Claimant's remaining contentions have been reviewed and found to be without merit.
Mikoll, J.P., Mercure, Casey, Spain and Carpinello, JJ., concur.
Ordered that the decision is affirmed, without costs.