MATTER OF SMITH, JR.


278 A.D.2d 634 (2000)

717 N.Y.S.2d 707

In the Matter of the Claim of J.D. SMITH, JR., Respondent. NEW VENTURE GEAR, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided December 14, 2000.


Claimant was discharged from his employment as a stock chaser for allegedly assaulting a co-worker. Following a hearing, an Administrative Law Judge overruled the initial determination and ruled that claimant did not engage in disqualifying misconduct because he did not initiate the altercation and responded only to defend himself. The Unemployment Insurance Appeal Board affirmed this decision finding that claimant was entitled to receive unemployment insurance benefits and...

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