MATTER OF FISHER, JR.


305 A.D.2d 955 (2003)

759 N.Y.S.2d 405

In the Matter of the Claim of JAMES R. FISHER, JR., Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 29, 2003.


Claimant was discharged from his employment as a data entry clerk at an antique automobile dealership after yelling a vulgar comment to a female coworker despite a recent warning that such conduct was inappropriate. The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, ruled that claimant engaged in disqualifying misconduct and denied his application for unemployment insurance benefits. Contrary to claimant's contention on appeal...

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