MATTER OF PERRY


222 A.D.2d 924 (1995)

635 N.Y.S.2d 364

In the Matter of the Claim of Lillian G. Perry, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

December 21, 1995


Claimant was discharged from her employment as a production worker as the result of a fight she had with a co-worker. Her application for unemployment insurance benefits was denied because she was terminated for misconduct. Claimant argues, inter alia, that she did not initiate the fight and that, therefore, this determination is not supported by substantial evidence. We disagree. Regardless of who initiated the fight, there is no dispute that it occurred during working...

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