MATTER OF LOVE


249 A.D.2d 674 (1998)

670 N.Y.S.2d 984

In the Matter of the Claim of Lynn F. Love, Jr., Appellant. Commissioner of Labor, Respondent

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

April 9, 1998


Claimant was a laborer for the employer, a plywood manufacturer, until he was terminated for, inter alia, fighting with a co-worker. Substantial evidence supports the Unemployment Insurance Appeal Board's decision which ruled that claimant's actions constituted misconduct under the Labor Law and that he was therefore disqualified from receiving benefits. Regardless of who initiated it, fighting with a co-worker during working hours may constitute disqualifying misconduct...

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