MATTER OF MARK

515133.

105 A.D.3d 1245 (2013)

962 N.Y.S.2d 833

2013 NY Slip Op 2639

In the Matter of the Claim of DAMION L. MARK, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 18, 2013.


Claimant, while employed as a security officer for a hospital, became involved in a struggle with a coworker when the coworker refused to give claimant his communications radio. After claimant physically took the radio from the coworker, the coworker pushed him, resulting in claimant pushing the coworker in return. The ensuing fight was witnessed by patients as well as staff, and claimant was terminated from his position for violating the employer's policy prohibiting employees...

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