MATTER OF CROSS


198 A.D.2d 704 (1993)

603 N.Y.S.2d 645

In the Matter of the Claim of Paul Cross, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

November 18, 1993


The Administrative Law Judge was bound by the arbitrator's findings of fact, i.e., that claimant deliberately kicked a co-worker and made inappropriate telephone inquiries into the co-worker's background. The record contains substantial evidence to support the Board's decision that this behavior constituted misconduct so as to disqualify claimant from receiving benefits.

Ordered that the decision is affirmed,...

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