IN THE MATTER OF COLINDRES

510650.

91 A.D.3d 991 (2012)

935 N.Y.S.2d 911

2012 NY Slip Op 62

In the Matter of RONY A. COLINDRES, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 5, 2012.


Claimant worked as a groundskeeper for the employer, a landscape company. While at a job with other workers splitting wood, claimant was talking on his cell phone. When the job supervisor instructed him to get off the phone and claimant responded with a lewd gesture, a verbal altercation ensued that resulted in claimant grabbing the supervisor by the collar and threatening him with a clenched fist. Claimant was terminated as a result.

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