In re the Claim of White
Cases that cite this one
5 later published cases cite this decision.
- In re the Claim of Liebman (Appellate Division of the Supreme Court of New York 2005)
- In re the Claim of Bruner (Appellate Division of the Supreme Court of New York 2005)
- In re the Claim of McGloin (Appellate Division of the Supreme Court of New York 2004)
- In re the Claim of De La Concha (Appellate Division of the Supreme Court of New York 2000)
- In re the Claim of Smith (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 7, 1999, which ruled, inter alla, that claimant was disqualified from receiving benefits because his employment was terminated due to misconduct.
Claimant was employed as a housekeeping person until he was discharged for fighting with a co-worker. Claimant had previously complained to the employer about the co-worker’s harassment and when he approached his supervisor to voice another complaint, the co-worker confronted claimant in what the supervisor described as a provoking manner. According to the supervisor, claimant responded by punching the co-worker in the face and a scuffle ensued. Claimant testified that he did not punch the co-worker and merely pushed him away in response to the co-worker’s attack. Inasmuch as fighting with a co-worker, regardless of who initiated it, may constitute disqualifying misconduct (see, Matter of Williams [National School Bus Serv.—Commissioner of Labor], 257 AD2d 839), there is substantial evidence to support the Unemployment Insurance Appeal Board’s finding of misconduct. Claimant’s denial that he punched the co-worker and assertion of self-defense created questions of credibility which the Board was
Cardona, P. J., Spain, Carpinello, Graffeo and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.