MATTER OF HARRIS

515026

114 A.D.3d 973 (2014)

979 N.Y.S.2d 861

2014 NY Slip Op 699

In the Matter of the Claim of ROGER L. HARRIS, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 6, 2014.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board which ruled that claimant, a probationary correction officer, lost his employment due to disqualifying misconduct. The record establishes that claimant was involved in an altercation outside a bar and, after the police arrived and viewed a videotape of the incident, claimant was arrested for assault. Although claimant asserts that he was acting in self-defense, testimony at the hearing established...

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