MATTER OF SHIVPAL


309 A.D.2d 1135 (2003)

766 N.Y.S.2d 917

In the Matter of the Claim of PARMANAND SHIVPAL, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided October 30, 2003.


Claimant was discharged from his position as an account manager and salesperson with the employer bottling company after an incident that took place on the employer's premises during which an exchange of insults between claimant and a coworker led claimant, while holding a chair, to lunge at the coworker, scratching him on the arm. The Unemployment Insurance Appeal Board subsequently ruled that claimant was properly denied unemployment...

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