Claimant challenges a decision of the Unemployment Insurance Appeal Board, reversing the finding of the Administrative Law Judge, that she was disqualified from receiving benefits because she lost her employment as a senior school secretary due to misconduct and made willful false statements to obtain benefits. The record establishes that a substitute teacher had been belligerent and threatening toward claimant for a few days because of a conflict with his paycheck. One day, as claimant was leaving school with her husband, a confrontation between claimant's husband and the substitute teacher ensued, resulting in a physical altercation. According to an eyewitness and the results of an investigation, claimant pulled a sharp object from her purse and, with a hammering motion, hit the substitute teacher around the head and neck, resulting in puncture wounds and stitches to the substitute teacher. After the fight, a razor was recovered from the scene and claimant thereafter was arrested, however, the charges were later dismissed.
It is well settled that fighting with or assaulting a coworker, regardless of who initiates the confrontation, can constitute disqualifying misconduct ( see Matter of McGloin [Commissioner of Labor], 9 AD3d 727, 728; Matter of Cedeno [Commissioner of Labor], 6 AD3d 1035). Although claimant's version of events differed in that she maintained that it was the substitute teacher, not her, who possessed a weapon, and that she was acting in self defense, it was within the province of the Board to resolve any questions of credibility ( see Matter of White [Commissioner of Labor], 268 AD2d 643, 643-644). Notwithstanding that the record could support a contrary conclusion, there is substantial evidence in the record to support the finding that claimant engaged in disqualifying misconduct and, therefore the decision will not be disturbed ( see Matter of Love [Commissioner of Labor], 249 AD2d 674).
Ordered that the decision is affirmed, without costs.