Opinion
93100
Calendar Date: May 14, 2003.
June 12, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 18, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Marilyn Caldwell, New York City, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.
Before: Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from her employment by the United States Postal Service after she punched a coworker with her fist.
The Unemployment Insurance Appeal Board found that claimant was disqualified from receiving unemployment insurance benefits on the ground that she had lost her employment due to misconduct.
It is well settled that perpetrating a physical assault during work hours may constitute disqualifying misconduct regardless of who initiated the confrontation (see Matter of Labayen [Commissioner of Labor], 301 A.D.2d 1014; Matter of McCray [Commissioner of Labor], 301 A.D.2d 1010, lv denied 100 N.Y.2d 502 [May 6, 2003]). Notwithstanding claimant's mitigating explanations, substantial evidence supports the Board's decision (see Matter of Wray [Commissioner of Labor], 268 A.D.2d 731).
Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur.
ORDERED that the decision is affirmed, without costs.