In re the Claim of Crump

Appellate Division of the Supreme Court of New York

In re the Claim of Crump

203 A.D.2d 833, 611 N.Y.S.2d 356, 1994 N.Y. App. Div. LEXIS 4437

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1994·Published

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 18, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the Board’s decision that claimant was discharged from his position as a bus driver for misconduct because he was convicted of operating a motor vehicle while his ability to do so was impaired by the use of alcohol. In light of the fact that claimant’s conviction relates directly to his fitness to perform services for his employer, the Board’s decision ruling that claimant’s actions constituted misconduct is upheld.

Mikoll, J. P., Crew III, White, Casey and Peters, 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 November 18, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the Board’s decision that claimant was discharged from his position as a bus driver for misconduct because he was convicted of operating a motor vehicle while his ability to do so was impaired by the use of alcohol. In light of the fact that claimant’s conviction relates directly to his fitness to perform services for his employer, the Board’s decision ruling that claimant’s actions constituted misconduct is upheld.

Mikoll, J. P., Crew III, White, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Crump, 203 A.D.2d 833, 611 N.Y.S.2d 356, 1994 N.Y. App. Div. LEXIS 4437 (N.Y. Ct. App. 1994).

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203 A.D.2d 833 (In re the Claim of Crump) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.