In re the Claim of Fishman
Cases that cite this one
1 later published case cites this decision.
- In re the Claim of Dickson (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 30, 1999, 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 shipping clerk for violating the employer’s policy prohibiting workers from being under the influence of alcohol or possessing alcoholic beverages “on company time”, whether on or off the employer’s premises. Claimant admitted drinking beer during his half-hour lunch break in the workplace basement and then returning to his work duties. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits on the basis that he lost his employment due to misconduct. We affirm.
Consuming alcohol while on the job can be construed as disqualifying misconduct, especially in cases such as this where such conduct violates the employer’s established rules (see, Matter of Lugo [Milford Mgt.—Commissioner of Labor], 251 AD2d 742, lv denied 92 NY2d 819, appeal dismissed 92 NY2d
Cardona, P. J., Mercure, Crew III, Graffeo and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.