IN RE: the Claim of Joseph G. ABBONDANZO (2000)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 13, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment after fighting with a co-worker during business hours.   Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant engaged in disqualifying misconduct.   Fighting with a co-worker, regardless of who initiates it, has been held to constitute disqualifying misconduct (see, Matter of Benton [Avon Injected Rubber & Plastics-Commissioner of Labor], 268 A.D.2d 936, 702 N.Y.S.2d 691), especially in cases where, as here, claimant previously had been admonished to refrain from unprofessional conduct (see, Matter of Kahn [Commissioner of Labor], 249 A.D.2d 669, 671 N.Y.S.2d 203).   Claimant's remaining contentions have been reviewed and found to be without merit.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.