MATTER OF ORELLANA


91 A.D.2d 1120 (1983)

In the Matter of the Claim of Baudilio Orellana, Appellant. Robbins Mbw Corporation, Doing Business as Robbins Men's & Boy's Wear, Respondent. Lillian Roberts, as Commissioner of Labor, Respondent

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

January 13, 1983


Claimant's employment was terminated following a fight during working hours between him and a coemployee. The local office determined that claimant was disqualified from receiving unemployment benefits due to misconduct. Following a hearing at which only the claimant appeared, the hearing officer rendered a decision overruling the initial determination after finding that claimant's actions were in self-defense. It appears that the employer had written a letter prior to the...

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