Appellate Division of the Supreme Court of New York, 1995

In re the Claim of Perry

In re the Claim of Perry
Appellate Division of the Supreme Court of New York · Decided December 21, 1995
222 A.D.2d 924; 635 N.Y.S.2d 364; 1995 N.Y. App. Div. LEXIS 13357
In re the Claim of Perry

Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 12, 1994, which, upon reconsideration, rescinded its prior decisions and ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

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.

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