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MATTER OF SIMS

49 A.D.2d 987 (1975)

In the Matter of the Claim of Dorothy A. Sims, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 30, 1975

There is substantial evidence in the record to support the board's finding of misconduct based upon the proof that the claimant committed an unprovoked assault by striking her coemployee with her fist. Such a determination is a factual one, within the province of the board, and must be sustained where, as here, it is supported by substantial evidence (Matter of Lester [Catherwood], 30 A.D.2d 1025).

Decision affirmed,...

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