In re the Claim of Daly

Appellate Division of the Supreme Court of New York

In re the Claim of Daly

244 A.D.2d 614, 663 N.Y.S.2d 707, 1997 N.Y. App. Div. LEXIS 11118

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

DecidedNovember 6, 1997

StatusPublished

Cited by3 cases

This text of 244 A.D.2d 614 (In re the Claim of Daly) 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 Daly, 244 A.D.2d 614, 663 N.Y.S.2d 707, 1997 N.Y. App. Div. LEXIS 11118 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 5, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as a reservations clerk for a hotel. She was discharged for consuming several alcoholic beverages [615]*615while on the job after repeated warnings that such conduct violated the employer’s rules and might result in her dismissal. The Unemployment Insurance Appeal Board ruled that claimant had left her employment under disqualifying circumstances. We affirm. It has been held that a claimant who is under the influence of alcohol while on the job is guilty of disqualifying misconduct unless substantial evidence is adduced to show that he or she is suffering from the disease of alcoholism (see, Matter of Moore [Hartnett], 144 AD2d 123, 124). No such showing was made in this matter. Claimant’s contention that she was not under the influence of alcohol on the date of her discharge and that she entered a bar on that date at the behest of her supervisor presented issues of fact and credibility for resolution by the Board (see, id,.).

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

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 5, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as a reservations clerk for a hotel. She was discharged for consuming several alcoholic beverages [615]*615while on the job after repeated warnings that such conduct violated the employer’s rules and might result in her dismissal. The Unemployment Insurance Appeal Board ruled that claimant had left her employment under disqualifying circumstances. We affirm. It has been held that a claimant who is under the influence of alcohol while on the job is guilty of disqualifying misconduct unless substantial evidence is adduced to show that he or she is suffering from the disease of alcoholism (see, Matter of Moore [Hartnett], 144 AD2d 123, 124). No such showing was made in this matter. Claimant’s contention that she was not under the influence of alcohol on the date of her discharge and that she entered a bar on that date at the behest of her supervisor presented issues of fact and credibility for resolution by the Board (see, id,.).

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

Cite This Page — Counsel Stack

Bluebook (online)

244 A.D.2d 614, 663 N.Y.S.2d 707, 1997 N.Y. App. Div. LEXIS 11118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-daly-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack