MATTER OF SMITH

528935.

177 A.D.3d 1064 (2019)

109 N.Y.S.3d 922

2019 NY Slip Op 07978

In the Matter of the Claim of Ronald Smith, Appellant. Commissioner of Labor, Respondent.

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

Decided November 7, 2019.


Claimant was employed as a cook at a skilled nursing facility for approximately 28 years. Early one morning while he was working in the kitchen, he got into a verbal dispute with his supervisor over music that he was playing. The dispute escalated into a physical altercation during which claimant purportedly assaulted the supervisor. He was placed on suspension pending an investigation and was ultimately discharged for violating the employer's zero tolerance policy against...

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