IN THE MATTER OF ORANE


6 A.D.3d 910 (2004)

774 N.Y.S.2d 458

In the Matter of the Claim of BYRON ORANE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

April 15, 2004.


While being counseled by a supervisor for allegedly misusing his computer, claimant began yelling and using profanity. As claimant became more irate, the supervisor was frightened by claimant's increased agitation and body gestures. An assistant manager testified that he found it necessary to stand between claimant and the supervisor in an attempt to defuse the situation. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant engaged...

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