MATTER OF WHITE


268 A.D.2d 643 (2000)

700 N.Y.S.2d 601

In the Matter of the Claim of PERRY WHITE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 6, 2000.


Claimant was employed as a housekeeping person until he was discharged for fighting with a co-worker. Claimant had previously complained to the employer about the co-worker's harassment and when he approached his supervisor to voice another complaint, the co-worker confronted claimant in what the supervisor described as a provoking manner. According to the supervisor, claimant responded by punching the co-worker in the face and a scuffle ensued. Claimant testified that he...

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