MATTER OF GRAHAM


233 A.D.2d 660 (1996)

649 N.Y.S.2d 743

In the Matter of the Claim of Kevin Graham, Appellant. New York State Electric & Gas Corporation, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

November 14, 1996


Claimant was employed for seven years as a lineman for the employer, a public utility provider. In July 1992, claimant was suspended from his job for 20 days after he engaged in a physical altercation with a member of the public during his coffee break at a restaurant. Present at the time was John Hemmer, a retired employee of the employer. Under the misconception that Hemmer had reported the incident to the employer, claimant assaulted him at an employer-sponsored holiday...

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