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MATTER OF RUSH

244 A.D.2d 689 (1997)

664 N.Y.S.2d 167

In the Matter of the Claim of Robert Rush, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

November 13, 1997

Claimant was employed as a mail handler by the US Postal Service until he was discharged for engaging in a fist fight with another employee. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits. Substantial evidence supports this decision. Offensive behavior in the work place, including engaging in assaultive conduct toward co-workers, has been found to constitute disqualifying misconduct (see, Matter of Perry [Sweeney...

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