IN THE MATTER OF DALEY


3 A.D.3d 643 (2004)

770 N.Y.S.2d 763

In the Matter of the Claim of ELAINE V. DALEY, Appellant. MOUNT SINAI HOSPITAL, Respondent; COMMISSIONER OF LABOR, Respondent.

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

January 8, 2004.


Claimant was discharged from her employment as a telephone operator after engaging in a heated argument with a coworker which disrupted the work in their department. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving benefits because she lost her employment due to misconduct. Contentious or disruptive conduct in the workplace, regardless of who initiates it, may constitute disqualifying...

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