MATTER OF WILLIAMS


257 A.D.2d 839 (1999)

685 N.Y.S.2d 812

In the Matter of the Claim of REGINALD L. WILLIAMS, Appellant. NATIONAL SCHOOL BUS SERVICE, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided January 14, 1999.


Claimant was employed as a school bus driver until he was discharged for fighting with a co-worker during working hours. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because he lost his employment due to misconduct. Fighting with a co-worker, regardless of who initiated it, may constitute disqualifying misconduct (see, Matter of

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