Matter of Closson v. Dutchess Cty. Sheriff's

2 Citing cases

  1. In re Chad Cuthbert

    78 A.D.3d 1450 (N.Y. App. Div. 2010)   Cited 3 times

    Following this meeting, the coworker admitted using a racial slur to address claimant and was suspended. Thus, despite whatever personal differences claimant and the coworker may have had, based upon our review of the plant manager's testimony, which the Board found credible ( see Matter of Wilson v General Mills, 73 AD3d at 1247), we cannot say that it erred in finding the requisite nexus between claimant's employment and the underlying assault ( see id. at 1247; compare Matter of Wadsworth v K-Mart Corp., 72 AD3d at 1245; Matter of Melo v Jewish Bd. of Family Children's Servs., Inc., 45 AD3d 998, 999; Matter of Closson v Dutchess County Sheriff's Dept., 179 AD2d 861). Ordered that the decision is affirmed, without costs.

  2. Matter of McMillan v. Dodsworth

    254 A.D.2d 619 (N.Y. App. Div. 1998)   Cited 5 times

    We reverse. The undisputed evidence establishes that the assault stemmed from purely personal differences between claimant and her sister and was unrelated to claimant's work or the performance of her job duties ( see, Matter of Robinson v. Village of Catskill Police Dept., 209 A.D.2d 748, lv denied 85 N.Y.2d 810; Matter of Closson v. Dutchess County Sheriff's Dept., 179 A.D.2d 861). Accordingly, for that reason and as there is insufficient proof that the podiatrist's office constituted a dangerous work environment inasmuch as there were no previous violent incidents, we are constrained to find that the Board's decision is not supported by substantial evidence and must be reversed ( see, Matter of Russo v. HRT, Inc., 246 A.D.2d 933; Matter of Mintkis v. Metropolitan Opera Assn., 153 A.D.2d 133, 137, appeal dismissed 75 N.Y.2d 1005). Cardona, P. J., White, Peters, Carpinello and Graffeo, JJ., concur.