In re the Claim of Green

Appellate Division of the Supreme Court of New York

In re the Claim of Green

178 A.D.2d 717, 577 N.Y.S.2d 171, 1991 N.Y. App. Div. LEXIS 16060

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

DecidedDecember 5, 1991

StatusPublished

Cited by1 cases

This text of 178 A.D.2d 717 (In re the Claim of Green) 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 Green, 178 A.D.2d 717, 577 N.Y.S.2d 171, 1991 N.Y. App. Div. LEXIS 16060 (N.Y. Ct. App. 1991).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 24, 1991, which ruled that claimant was entitled to receive unemployment insurance benefits.

The basis for claimant’s termination was his failure to successfully complete a drug rehabilitation program. As the Administrative Law Judge noted, however, there was no evidence of any willful failure to cooperate with the treatment program. Although the employer’s policy was that an employee could be disciplined if rehabilitation was not successful, a failure to comply with an employer’s rules does not necessarily constitute misconduct disqualifying a claimant from receiving benefits (see, Matter of Figueroa [Levine], 50 AD2d 998; Matter of Poss [Levine] 49 AD2d 288) and the question of whether termination arose from misconduct is a factual one for the Unemployment Insurance Appeal Board to resolve (see, Matter of Nunes [Roberts], 98 AD2d 934). Therefore, given the facts of this case, the conclusion by the Board that claimant’s failure to successfully complete the program did not establish misconduct on his part is supported by substantial evidence and must be upheld.

Mahoney, P. J., Casey, Weiss, Levine and Harvey, 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 April 24, 1991, which ruled that claimant was entitled to receive unemployment insurance benefits.

The basis for claimant’s termination was his failure to successfully complete a drug rehabilitation program. As the Administrative Law Judge noted, however, there was no evidence of any willful failure to cooperate with the treatment program. Although the employer’s policy was that an employee could be disciplined if rehabilitation was not successful, a failure to comply with an employer’s rules does not necessarily constitute misconduct disqualifying a claimant from receiving benefits (see, Matter of Figueroa [Levine], 50 AD2d 998; Matter of Poss [Levine] 49 AD2d 288) and the question of whether termination arose from misconduct is a factual one for the Unemployment Insurance Appeal Board to resolve (see, Matter of Nunes [Roberts], 98 AD2d 934). Therefore, given the facts of this case, the conclusion by the Board that claimant’s failure to successfully complete the program did not establish misconduct on his part is supported by substantial evidence and must be upheld.

Mahoney, P. J., Casey, Weiss, Levine and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

178 A.D.2d 717, 577 N.Y.S.2d 171, 1991 N.Y. App. Div. LEXIS 16060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-green-nyappdiv-1991.

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