In re the Claim of Allen

Appellate Division of the Supreme Court of New York

In re the Claim of Allen

288 A.D.2d 686, 732 N.Y.S.2d 686, 2001 N.Y. App. Div. LEXIS 10895

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 2001

StatusPublished

Cited by1 cases

This text of 288 A.D.2d 686 (In re the Claim of Allen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Allen, 288 A.D.2d 686, 732 N.Y.S.2d 686, 2001 N.Y. App. Div. LEXIS 10895 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 14, 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 as a route salesperson for a beverage distributor after the employer discovered that claimant had failed to report that his license had been suspended because he had been convicted several months earlier of driving under the influence of alcohol. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct (see, Matter of Redden [Commissioner of Labor], 277 AD2d 629; Matter of Class [Alliant Food Serv. — Commissioner of Labor], 261 AD2d 772). Crediting claimant’s assertion that he relied upon his attorney’s advice that the suspension of his license was stayed by the filing of an appeal does not require a different outcome, inasmuch as it did not obviate his obligation to report the conviction to his employer.

Crew III, J. P., Peters, Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 14, 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 as a route salesperson for a beverage distributor after the employer discovered that claimant had failed to report that his license had been suspended because he had been convicted several months earlier of driving under the influence of alcohol. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct (see, Matter of Redden [Commissioner of Labor], 277 AD2d 629; Matter of Class [Alliant Food Serv. — Commissioner of Labor], 261 AD2d 772). Crediting claimant’s assertion that he relied upon his attorney’s advice that the suspension of his license was stayed by the filing of an appeal does not require a different outcome, inasmuch as it did not obviate his obligation to report the conviction to his employer.

Crew III, J. P., Peters, Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

288 A.D.2d 686, 732 N.Y.S.2d 686, 2001 N.Y. App. Div. LEXIS 10895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-allen-nyappdiv-2001.

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