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MATTER OF REDJEPI

210 A.D.2d 727 (1994)

620 N.Y.S.2d 182

In the Matter of the Claim of Saip Redjepi, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

December 15, 1994

Claimant, a porter for the employer, was fired from his job following a physical altercation with a co-worker. The record reveals that after finding chairs piled up in front of his locker, claimant pushed one of them toward the co-worker he suspected of having placed them there. The co-worker pushed the chair back at claimant. Witnesses to the incident reported that by the time the incident was broken up, the two were hitting each...

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