MATTER OF McNEIL


50 A.D.2d 1050 (1975)

In the Matter of the Claim of Mary McNeil, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

December 30, 1975


Claimant worked for a clothing manufacturer for approximately eight years until June 6, 1973. On that day, the plant manager changed the position of a fan which precipitated an argument between claimant and the manager. A notice had previously been posted that employees would be suspended for abusive conduct towards the management. Although claimant denied using abusive language, such a matter is a question of fact for resolution by the board (Matter of Klapper [Catherwood...

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