MATTER OF WARNOCK


183 A.D.2d 1036 (1992)

In the Matter of the Claim of Robert W. Warnock, Respondent. St. Bernard's School, Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

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

May 14, 1992


Claimant's termination occurred after he had an altercation with another physical education instructor. Testimony by eyewitnesses to this disagreement revealed, among other things, that no threats were made by claimant and there was no physical contact between the two. In addition, it was claimant's co-worker who became angry and whose voice was raised. Whether a claimant is guilty of misconduct is a factual issue for the Unemployment...

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