MATTER OF ERREA


50 A.D.2d 626 (1975)

In the Matter of the Claim of Mack Errea, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

November 6, 1975


Although the original decision was based on the now discredited theory of provoked discharge, the board's modification thereof to a finding of misconduct was amply warranted on the record before it. Testimony, exhibits and claimant's own admissions provided overwhelming evidentiary support for the board's factual determination that claimant was the aggressor in striking a coworker and its conclusion that such action rose to the level of misconduct should not be disturbed...

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