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MATTER OF McCRAY, JR.

301 A.D.2d 1010 (2003)

753 N.Y.S.2d 757

In the Matter of the Claim of NATHANIEL McCRAY, JR., Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 30, 2003.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment as a security guard due to disqualifying misconduct for fighting on the job with a coworker. Fighting with a coworker at work, regardless of who initiates the altercation, can constitute disqualifying misconduct (see Matter of Romano [Commissioner of Labor], 291 A.D.2d 776

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