MATTER OF NICOLAS


254 A.D.2d 557 (1998)

678 N.Y.S.2d 804

In the Matter of the Claim of Marie E. Nicolas, Appellant. Commissioner of Labor, Respondent

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

October 15, 1998


Claimant, a home attendant, was arguing with an elderly client when a neighbor who heard the commotion knocked on the door. After claimant opened the door, she and the neighbor engaged in a physical altercation wherein claimant shoved the neighbor into the client, causing them both to fall. Claimant was discharged as a result of the incident and the Unemployment Insurance Appeal Board ruled that she was disqualified from receiving benefits because her employment was terminated...

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