MATTER OF MAJOR


50 A.D.2d 1027 (1975)

In the Matter of the Claim of Gifford Major, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

December 23, 1975


Claimant does not dispute his awareness of his former employer's rule against altercations among employees regardless of provocation, but contends that he did not strike a coemployee as was found by the board to have been the cause for his discharge. His argument is wholly unpersuasive. Substantial evidence supports this finding as it was based upon admissions, eyewitness testimony and circumstantial proof to the effect that claimant, during an argument with a coemployee...

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