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

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

DecidedApril 28, 1994

StatusPublished

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

Pincite

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.

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Bluebook (online)

203 A.D.2d 833, 611 N.Y.S.2d 356, 1994 N.Y. App. Div. LEXIS 4437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-crump-nyappdiv-1994.