IN THE MATTER OF CEDENO


6 A.D.3d 1035 (2004)

775 N.Y.S.2d 601

In the Matter of the Claim of CRISTINA CEDENO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

April 29, 2004.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant lost her employment due to disqualifying misconduct for fighting with a coworker. Regardless of who initiates the altercation, fighting with a coworker during working hours can constitute disqualifying misconduct (see Matter of McCray [Commissioner of Labor], 301 A.D.2d 1010 [2003], lv denied 100 N.Y.2d 502 [2003]; Matter...

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