In the Matter of the Claim of NATHANIEL McCRAY JR.

Decided and Entered: January 30,2003
92303

In the Matter of the Claim of NATHANIEL McCRAY JR.,
Appellant.
COMMISSIONER OF LABOR, Respondent.

Calendar Date: December 30, 2002
Befo.....

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Decided and Entered: January 30,2003 92303 ________________________________ In the Matter of the Claim of NATHANIEL McCRAY JR., Appellant. COMMISSIONER OF LABOR, Respondent. ________________________________ Calendar Date: December 30, 2002 Before: Cardona, P.J., Mercure, Crew III, Lahtinen and Kane, JJ. __________ Nathaniel McCray Jr., New York City, appellant pro se. Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for respondent. __________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 26, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment as a security guard due to disqualifying misconduct for fighting on the job with a coworker. Fighting with a coworker at work, regardless of who initiates the altercation, can constitute disqualifying misconduct (see Matter of Romano [Commissioner of Labor], 291 AD2d 776; Matter of Benton [Avon Injected Rubber & Plastics - Commissioner of Labor], 268 AD2d 936). Although claimant disagreed with the shift supervisor’s testimony that claimant participated in the altercation by throwing punches at his coworker, this created a credibility issue for the Board to resolve (see Matter of Perez [Commissioner of Labor], 284 AD2d 705). Cardona, P.J., Mercure, Crew III, Lahtinen and Kane, JJ. concur. ORDERED that the decision is affirmed, without costs. ENTER: Michael J. Novack Clerk of the Court

In the Matter of the Claim of NATHANIEL McCRAY JR.

Decided and Entered: January 30,2003 92303 ________________________________ In the Matter of the Claim of NATHANIEL McCRAY JR., Appellant. COMMISSIONER OF LABOR, Respondent. ________________________________ Calendar Date: December 30, 2002 Befo.....

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Decided and Entered: January 30,2003
92303

In the Matter of the Claim of NATHANIEL McCRAY JR.,
Appellant.
COMMISSIONER OF LABOR, Respondent.

Calendar Date: December 30, 2002
Befo.....