MATTER OF NACLERIO


191 A.D.2d 854 (1993)

594 N.Y.S.2d 452

In the Matter of the Claim of John S. Naclerio, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

March 11, 1993


Claimant worked as a mechanic for a public utility for approximately 18 years. On the day in question, claimant confronted his supervisor when he found out that he was not picked for overtime work. Claimant admitted at the hearing that he became outraged and yelled and swore at his supervisor in the presence of other employees. As he walked away from his supervisor, claimant threw his hard hat to the ground. Under the circumstances, there is substantial evidence in the record...

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