IN THE MATTER OF MESSADO

508804.

2010 NY Slip Op 06343

IN THE MATTER OF THE CLAIM OF BERNARD R. MESSADO, Appellant. AND CITY OF NEW YORK, Respondent. COMMISSIONER OF LABOR, Respondent.

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

Decided August 5, 2010.


Attorney(s) appearing for the Case

Bernard R. Messado, New York City, appellant pro se.

Michael J. Cardozo, Corporation Counsel, New York City (Elizabeth I. Freedman of counsel), for City of New York, respondent.

Before: Cardona, P.J., Peters, Rose, Stein and Garry, JJ.


MEMORANDUM AND ORDER

Claimant was employed as a clerical worker by a city agency. He was disgruntled because he believed that his coworkers were speaking about him behind his back in a derogatory fashion and also calling him names. While one of these coworkers was having lunch at a nearby restaurant with two other coworkers, claimant confronted him in a threatening manner and used profanity. Upon returning from lunch, these individuals reported the incident to a...

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