Appellate Division of the Supreme Court of New York, 2000

In re the Claim of Benton

Appellate Division of the Supreme Court of New York · Decided January 27, 2000

268 A.D.2d 936; 702 N.Y.S.2d 691; 2000 N.Y. App. Div. LEXIS 810

Cases that cite this one

3 later published cases cite this decision.

In re the Claim of McCray (Appellate Division of the Supreme Court of New York 2003)
In re the Claim of Perez (Appellate Division of the Supreme Court of New York 2001)
In re the Claim of Abbondanzo (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

—Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed June 17, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct, and (2) from a decision of said Board, filed August 31, 1999, which, upon reconsideration, adhered to its prior decision.

Claimant was discharged from his employment after fighting with a co-worker during work hours. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. Claimant’s contention that he was not the aggressor, but rather the victim of an assault, presented a credibility issue for the Board to *937resolve (see, Matter of Kahn [Commissioner of Labor], 249 AD2d 669). In any event, 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).

Cardona, P. J., Mercure, Crew III, Peters and Spain, JJ., concur. Ordered that the decisions are affirmed, without costs.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.